IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.842 of 2010 CHANDAN KUMAR SON OF SRI ARJUN SINGH, RESIDENT OF VILLAGE RAMDAULI, P.S. BIDPUR DISTRICT VAISHALI. Versus 1. THE STATE OF BIHAR THRU.S.P.& ANR . 2. THAKUR ABHEY KUMAR SINGH SON OF DILIP NARAYAN SINGH AT 201 NUTUN VIDHYA NIKETANB COMPLEX, KURGI PATNA. ----------- 02. 09.02.2011 Heard the parties. The prayer of the petitioner is to quash the order dated 25.06.2010 in connection with G.R. No. 5409 of 2006. It is submitted that the petitioner was appearing on the dates, however by order dated 28.05.2010, direction was to remain present in person in the case which was fixed for framing of charges. On 25.06.2010, petitioner filed an application under Section 317 Cr.P.C. which was rejected and after cancellation of bail, non-bailable warrant of arrest was issued against him. It is further submitted that after cancellation of bail bond, petitioner ought to have given an opportunity to explain his absence. It is further submitted that in the similar circumstances vide order dated 28.04.2009 passed in Cr. W.J.C. No. 143 of 2009 as contained in Annexure – 4, the order dated 17.10.2005 cancelling the bail bonds was set aside and the petitioner was directed to appear in the court below on the next date of hearing and offer his explanation for the absence. Learned counsel for the State submits that petitioner filed an application under Section 317 Cr.P.C. without stating the cogent reasons for his absence on the date fixed when the petitioner was directed to remain present in person on the next date in connection with framing of charge. Considering the rival submission of the parties as also the order contained in Annexure-4 the impugned order dated 25.06.2010 is set aside. The petitioner is hereby directed to appear in the court below on the date fixed and offer his explanation for his absence. It is further directed that the petitioner should remain present on each and every dated fixed by the court save and except for the cogent reasons with the permission of the court below. The writ application stands disposed of with the above observations/direction. Let the order may be communicated to the court below through fax at the cost being deposited by the petitioner. Jagdish/- ( Shailesh Kumar Sinha,J.)