IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31357 of 2009 Pappu Poddar Versus State Of Bihar ---------------------------------- 2 13.12.2011 Heard Mr. Sandeep Kumar learned counsel for the petitioner and learned Additional P.P. for the State. The present application under Section 482 of the Code of Criminal Procedure ( hereinafter referred to as the ‘Code’), has been filed for quashing of the order dated 4.7.2009 passed by Sri Sanjay Kumar, Judicial Magistrate IInd Class, Begusarai, in Complaint Case no.276 C of 2009 whereby the learned Judicial Magistrate while rejecting the representation petition of the petitioner has also proceeded to cancel his bail bond. Learned counsel for the petitioner placing reliance on judicial pronouncement of this Court since reported in 2009 (2) PLJR 260 ; Sandeep Kumar Tekriwal Vrs. The State of Bihar & anr., submits that a similar issue came up for consideration before this Court and when a Bench of this Court upon examination of the provision of Section 317 of the Code has held that the court concerned while rejecting the representation application filed under section 317 of the Code cannot proceed to cancel the bail bond until and unless such a stipulation has been made in the order passed by the court concerned on the preceding date. Learned counsel in course of proceeding has produced the order sheet in the case and with reference to the order passed on two preceding dates i.e. 2.6.2009 and 16.6.2009 submits that the learned court below had accepted the representation petition of the 2 petitioner filed under section 317 of the Code on the said dates without there being any stipulation that no further representation petition would be entertained on the subsequent dates. He thus submits that in absence of there being any stipulation in the orders of the previous dates dated 2.6.2009 and 16.6.2009, the order passed on 4.7.2009 by the learned Magistrate in proceeding to cancel the bail bond of the petitioner while rejecting the petition filed under section 317 of the Code, is unsustainable. Having heard learned counsel for the petitioner and the State and having perused the Judgment of this Court rendered in the case of Sandeep Kumar Tekriwal (supra), I set aside the order impugned dated 4.7.2009 passed by the learned Judicial Magistrate, IInd class , Begusarai. The petitioner is directed to present himself before the learned court below on or before 14.1.2012 and would be attending the proceeding on each and every date fixed in the matter with clear stipulation that if the petitioner fails to attend the trial on two consecutive dates without cause shown to the satisfaction of the learned court below, the learned court below would be at liberty to proceed for cancellation of the bail bond of the petitioner and for taking him into custody. With the aforesaid observation this application is disposed of. AnilKrSinha (Jyoti Saran,J.)