Bijendra Ram @ Birendra Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84866 of 2023 In CRIMINAL MISCELLANEOUS No.31612 of 2017 Arising Out of PS. Case No.-110 Year-1995 Thana- TRAFFIC District- Patna ====================================================== BIJENDRA RAM @ BIRENDRA RAM Son of Late Lakhan Ram R/o Mohalla - Jogipur, P.S. - Patrakar Nagar, Distt. - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binay Kumar Sinha For the Opposite Party/s :
Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-12-2023 1.
Heard learned counsel for the petitioner and learned APP.
2.
Learned APP, at the outset, submits that the quashing application, i.e., Cr. Misc No. 31612 of 2017 was filed challenging the order dated 18-4-2017 passed by the learned Judicial Magistrate, Patna, whereby the bail bond of the petitioner was cancelled and non-bailable warrant of arrest was issued.
3.
The learned APP further submits that the present quashing application was filed in the year 2017 and it remained pending for consideration for nearly 6 years and in all these 6 years, the petitioner did not surrender before the learned trial court when there was no stay operating in his favour.
Patna High Court CR. MISC. No.84866 of 2023(2) dt.22-12-2023 2/2 4.
It is next submitted that when the matter was taken up on 10-10-2023, no one had appeared on behalf of the petitioner, which led to dismissal of the quashing application for non-prosecution.
5.
The learned counsel for the petitioner is not in a position to rebut the submission of the learned APP. 6.
Considering the submission made by the learned APP, the court is not inclined to restore Cr. Misc No. 31612 of 2017 to its original file.
7.
Accordingly, the present restoration application is dismissed.
(Satyavrat Verma, J) SUMIT/- U T