IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13883 of 2009 RADHA NANDAN RABIDAS, SON OF LATE LATOO DAS, RESIDENT OF VILLAGE- MOHAMADPUR, P.S.-AKANGERSARAI, DISTRICT-NALANDA, PRESENTLY POSTED AS DISTRICT EXECUTIVE OFFICER, BIHAR STATE SCHEDULED CASTE CO- OPERATIVE DEVELOPMENT NIGAM LTD. BRANCH ROHTAS/KAIMUR. Versus 1. STATE OF BIHAR 2. BANSHIDHAR PASWAN, SON OF GANGASAGAR PASWAN, RESIDENT OF VILLAGE-PAWARA, P.S.KUDERA, DISTRICT-KAIMUR AT BHABUA. .................. For the petitioner : Mr. Tribhuwan Narayan, Advocate For the Opp. Party: Mr. Vivekanand Singh, Advocate For the State : Mr. Damodar Prasad Tiwary, A.P.P. ----------- 4. 27.01.2011 Heard learned counsel for the petitioner and learned counsel for the State. This is an application for quashing the order dated 28.12.2006 passed by Sub-Divisional Judicial Magistrate, Kaimur at Bhabua in Complaint Case No. 1042 of 2003, for the under Sections 406, 420, 467 and 120(B) of the Indian Penal Code, by which the bail bond of the petitioner has been cancelled. Learned counsel for the petitioner submits that the petitioner was on bail and even a compromise petition was filed between the parties. It has further been submitted that the petitioner was service at Nalanda and so was under bona fide belief that since the matter as a compromise and so did not take care to appear and if the cancellation of the bail bond even the process has been initiated. Learned counsel of opposite party however, contends that since the petitioner absented himself on the date fixed in the case so the learned magistrate has rightly cancelled the bail bond of the petitioner on 28.12.2006 and hence contends that the default was not 2 intentional and under a bona fide belief on the case. However, having regard to the fact that since the petitioner was absent on a day fix in the case so the bail bond of the petitioner was cancelled and hence I do not find any illegality. However, under the facts and circumstances the case if the petitioner surrenders and prays for bail that it may be considered on its own merit taking lenient view of the matter in view of the facts and circumstances that the petitioner is in service and posted at Nalanda while the case was pending at Bhabuae the compromise enter into between the parties. Accordingly this application is dismissed with above observation. Amit ( Gopal Prasad, J.)