IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2400 of 2010 RAM BABU CHOUDHARY, son of Late Biyog Lal Choudhary, village Sahpur, PS Tisiauta, District Vaishali – petitioner. Versus THE STATE OF BIHAR ----------- 2 28.1.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application has been filed for quashing the order, dated 17.12.2009 passed by the District & Sessions Judge, Vaishali at Hajipur in Cr.Misc. No. 61/2009. Counsel for the petitioner submits that the grounds for cancellation of bail is completely unjustified in view of the fact that that the police had never noticed the petitioner to appear before them or informed the petitioner with respect to preparation of an inventory. It is also pointed out by the petitioner that with respect to the same F.I.R. a civil writ petition was instituted by Pravesh Kumar who is guarantor of the Gas Agency known as Singhara Indane Service. The F.I.R. instituted indicates that the petitioner was appointed by the complainant as a manager of the said agency and it is alleged that he was responsible for indulging in black marketing of the gas cylinders after the death of the complainant’s father. It is, therefore, submitted that there was no occasion for cancellation of the petitioner’s bail and the Investigating Officer has moved in this direction at the instance of the complainant. It is true that the petitioner even on service of valid notice had not appeared before the court below. It is stated that it is an 2 error of record that several reminders were issued to the petitioner to appear in court. In my opinion, it is sufficient that the petitioner was noticed that he had to appear before the court and as such the petitioner cannot contend that he ought to have been given further opportunity to appear in the court. It is further submitted that if the Investigating Officer wanted to make inventory in the gas station, he could have done so after giving notice or even breaking the locks. The locks of the gas station are not of the petitioner, rather, they belong to the local creditors and as such the entire genesis for cancellation of bail has been deliberately made on the direction of the informant as there is dispute with respect to the ownership of the gas cylinders. Whatever be the reason, the petitioner is directed to appear before the court below and pray for bail within a period of ten days of receipt of this order. The court below will grant him bail to his own satisfaction subject to the condition that the petitioner should produce a receipt showing payment of cost of Rs.1000/- to the Patna High Court Legal Aid Committee and give an undertaking that he will appear as and when directed by the court. This application is disposed of with the aforesaid observations. haque (Sheema Ali Khan, J.)