IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.25591 of 2006 SUBESH CHANDRA JHA, Son of Late Ganesh Chandra Jha, residing near old Post Office, Madhubani, P.S. Madhubani, District- Madhubani. . . . . . Petitioner. Versus 1. THE STATE OF BIHAR 2. Jamal Ahmad, Son of ahmad Razza, resident of Mohalla-Surat Ganj, Ward No.-15, P.S. Madhubani, District- Madhubani. . . . Opp. Parties. ----------- 8/ 19.03.2010 Heard learned counsel for the petitioner and the State. No one appeared for the opposite party despite notice. The petitioner is aggrieved by order dated 13.06.2005 passed by Judicial Magistrate, Madhubani in C.R. No. 672 of 2001, whereby his bail bond has been cancelled and also by order 24.05.2006 passed by Sessions Judge, Madhubani in Cr. Revision No. 737 of 2005 affirming the order dated 13.06.2005. The petitioner is an accused in a case under Section 406 of the I.P.C. On 13.06.2005, he filed a representation under Section 317 of the Cr.P.C. for being represented through his lawyer. The aforesaid representation was accepted. However, the learned Magistrate cancelled his bail bond as on earlier dates the petitioner too had filed representation under Section 317 of Cr.P.C. The revisional court also affirmed the order of the learned Magistrate observing that the trial has been delayed on account of laches on the part of the petitioner. The fact in issue is germane for consideration: Under Section 317 of Cr.P.C., a court can dispense the personal attendance of an accused and can allow him to be represented through his lawyer. In the instant case, a petition under Section 317 of Cr.P.C. was filed on behalf of the petitioner, again on 13.06.2005 - 2 - which was accepted. Once the Magistrate, by his impugned order dated 13.06.2005 accepts the representation, he could not have cancelled the bail bond by the same order. The Magistrate can cancel bail bond only when the accused does not appear on subsequent date despite rejection of representation under Section 317 of Cr.P.C. In this view of the matter, the impugned order dated 13.06.2005 cancelling the bail bond of the petitioner and order dated 24.05.2006 upholding the same in Cr. Revision No. 737 of 2005 are set aside and the matter is remitted to the court of Judicial Magistrate, 1st Class, Madhubani, in seisin of the case, in connection with C.R. No. 672 of 2001) for disposal of the same expeditiously in accordance with law. The petitioner would cooperate in the trial. Uday/ (Samarendra Pratap Singh, J.)