Sanjay Kumar @ Sanjay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9147 of 2023 Arising Out of PS. Case No.-248 Year-1996 Thana- PHULWARISHARIF District- Patna ====================================================== SANJAY KUMAR @ SANJAY SINGH S/O LATE RAM SHARAN SINGH Resident of Village- Sipara, P.S.- Phulwarisharif, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Ranjan Sinha For the Opposite Party/s :

Mr. Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 27-02-2023 Heard the parties.

This application has been filed on behalf of the petitioner for quashing the order dated 04.07.2022 passed by learned ADJ, XXVI, Patna in S.Tr. No. 64 of 1999 / CIS No. 2779 of 2014 arising out of Phulwarisharif P.S. Case No. 248 of 1996 by which the bail bond of the petitioner has been cancelled and warrant was issued on the same day.

This order was challenged in the Revisional Court and the revisional Court has also dismissed the same. This court, in a number of cases has held that warrant cannot be issued on the same day on which the bail bond has been cancelled.

In view of the law laid down in the case of Sandeep Kumar Tekriwal Vs. State of Bihar 2009(2) PLJR-260, this

Patna High Court CR. MISC. No.9147 of 2023(2) dt.27-02-2023 2/2 application is allowed.

Accordingly, the order dated 04.07.2022 passed by learned ADJ, XXVI, Patna in S.Tr. No. 64 of 1999 / CIS No. 2779 of 2014 arising out of Phulwarisharif P.S. Case No. 248 of 1996, is hereby quashed.

(Sandeep Kumar, J) Vikas/Shishir U