Patna High CourtCR. MISC./77850/2019dismissed

Dilip Kumar Singh v. The State Of Bihar

2020-01-06Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77850 of 2019 Arising Out of PS. Case No.-21 Year-2007 Thana- MEHANDIA District- Jehanabad ====================================================== DILIP KUMAR SINGH S/o Dinesh Singh Resident of 2 C, Hariom Apartment, Pushp Vihar, Harihar Singh Marg, Morabadi, P.S.- Bariyatu, District- Ranchi, Jharkhand ... ... Petitioner/s

Versus

THE STATE OF BIHAR 2.

Suresh Yadav S/o Late Nawratna Yadav R/o village- Pahleja, Tola- Jay Bigha, P.S.- Mehandiya, District- Arwal ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar, Adv For the Opposite Party/s :

Mr.Raj Kishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 06-01-2020 Heard learned counsel for the parties.

2. The petitioner has sought for quashment of order dated 13.11.2009 passed in Mehandiya P.S.Case No.21 of 2007 corresponding to G.R.No.756 of 2007 by the learned Judicial Magistrate 1st Class, Jehanabad whereby the learned court below has cancelled the bail bond of the petitioner and has ordered for issuance of non-bailable warrant of arrest against the petitioner.

3. The record and the statement made in the petition on oath reveals that the petitioner was on bail granted by the learned court below on 21.05.2007. After investigation, the police submitted chargesheet on 31.05.2007 and after cognizance learned counsel for the petitioner was informed and he had seen the record

Patna High Court CR. MISC. No.77850 of 2019 dt.06-01-2020 2/2 on 03.01.2008. Petitioner has stated that there was communication gap between the petitioner and his advocate engaged in the case which resulted in the impugned order.

4. Since the impugned order is a routine interlocutory order and the same suffers from no infirmity, this Court is not inclined to interfere with the same in exercise of power under Section 482 Cr.P.C. The petitioner may pursue legal remedy according to law.

5. Accordingly, this application is dismissed.

6. Petitioner may surrender and pray for regular bail which shall be considered without being prejudiced by this order. (Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 07.01.2020 Transmission Date 07.01.2020