Patna High CourtCR. MISC./71978/2021allowed

Ramparvesh Bhatt v. The State Of Bihar

2023-04-20Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71978 of 2021 Arising Out of PS. Case No.-384 Year-1994 Thana- LAHERIYASARAI District- Darbhanga ====================================================== RAMPARVESH BHATT Son of Late Devki Bhatta Resident of Village - Balaura, P.S. - Bansi, District - Arwal.

... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. D.K. Sinha Mr. Girish Chandra Jha Mr. Ashish For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-04-2023 Heard the parties.

This application has been filed on behalf of the petitioner for quashing the order dated 06.08.2021 passed by learned Sessions Judge, Darbhanga in Cr. Revision No. 66 of 2021 and also quashing the order dated 21.07.2010 passed by Judicial Magistrate, 1st Class, Darbhanga in Tr. No. 801 of 2010 / G.R. No. 1879 of 1994.

From the impugned order itself it appears that there was no service report and still the petitioner has been declared absconder. Now the petitioner has retired and has come back to Bihar and he wants to participate in the trial. No useful purpose will be served by sending the petitioner to jail as he is ready to face trial.

Patna High Court CR. MISC. No.71978 of 2021(2) dt.20-04-2023 2/2 In view of the above, this application is allowed. Accordingly the impugned order dated 06.08.2021 passed by learned Sessions Judge, Darbhanga in Cr. Revision No. 66 of 2021 and also the order dated 21.07.2010 passed by Judicial Magistrate, 1st Class, Darbhanga in Tr. No. 801 of 2010 / G.R. No. 1879 of 1994 are hereby quashed. The petitioner is directed to appear before the Court below and execute the bail bond. He will regularly appear in the Court below through his lawyer or himself and participate in the trial. Any absence without any resonable ground in the trial Court will result in cancellation of the bail bond of the petitioner.

The trial Court is directed to conclude the trial of the petitioner expeditiously, preferably within an year of a receipt/communication of today's order.

Let a copy of this order be communicated to the District Judge, Darbhanga through FAX and e-Mail for its compliance forthwith.

(Sandeep Kumar, J) Vikas/Shishir U