Manoj Kumar Rai @ Manoj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73347 of 2024 Arising Out of PS. Case No.-136 Year-2021 Thana- KARJA District- Muzaffarpur ====================================================== 1.
Manoj Kumar Rai @ Manoj Kumar son of Madan Rai VillageDwarikanathpur, Ps- karja, Dist- Muzaffarpur 2.
Sanni Kumar @ Sanny Kumar son of Ashok Kumar Rai village- Harpur, PsKathaiya, Dist- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hansraj Mr.Davendra Kumar Pandey For the Opposite Party/s :
Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 08-10-2024 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.
2. This is application has been filed for quashing the order dated 05.08.2024 passed by the learned Exclusive Special Judge-II (N.D.P.S. Act), Muzaffarpur in connection with N.D.P.S. Case No. 65 of 2021 arising out of Karja P.S. Case No. 136 of 2021 whereby and where under the petitioners have been declared absconder and permanent warrant of arrest has been issued against them without service of summons, bailable/non bailable warrant of arrest or process under sections 82 and 83 of the Code of Criminal Procedure.
3. Learned counsel for the petitioners submits that they will co-operate in the trial and they shall appear personally or
Patna High Court CR. MISC. No.73347 of 2024(2) dt.08-10-2024 2/2 through their lawyer on the dates fixed and the trial shall not be delayed on any account by them.
4. Considering the undertaking given by the petitioners and in the interest of justice, this application is allowed.
5. Accordingly, dated 05.08.2024 passed by the learned Exclusive Special Judge-II (N.D.P.S. Act), Muzaffarpur in connection with N.D.P.S. Case No. 65 of 2021 arising out of Karja P.S. Case No. 136 of 2021 is hereby quashed.
6. The petitioners are directed to appear regularly personally or through their lawyer in the case and will not delay the trial.
(Sandeep Kumar, J) Saif/- U T