IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17895 of 2009 CHANDRA SHEKHAR RAI @ AZAD RAI SON OF RAM BALABH RAI, RESIDENT OF VILLAGE- DIHARI, P.S.- DHANGAI (JAGDISHPUR), DISTRICT- BHOJPUR(ROHTAS). ------------- PETITIONER Versus STATE OF BIHAR. ----------- 2. 07.03.2011 Heard learned counsels for the petitioner and the State. The petitioner has challenged the order dated 29.6.2001, whereby, the bail bound of the petitioner was cancelled and non-bailable warrant was issued in Jagdishpur P.S. Case No. 103 of 2000. Initially, the case was instituted under Section 414 of the Indian Penal Code. It appears that under Section 317 of the Cr.P.C, the application was accepted and after that the petitioner’s bail bond was cancelled. The order appears to be cryptic not only to the extent it appears to be contradictory but it also does not reflect whether, the petitioner defaulted earlier or not cancellation of bail bond and issuance of non bailable warrant jeopardizes the liberty of the accused substantially. There must be some compulsive reason to resort to such a harsh measure. Since the petitioner under Section 317 of the Cr.P.C. was accepted by the court then the cancellation of bail bond and issuance of non bailable warrant were absolutely unjustified. 2 In the circumstances, the order dated 29.6.2001 is passed in Jagdishpur P.S. Case No. 103 of 2000 is hereby quashed. Let the petitioner execute fresh bail bond to the satisfaction of learned court below and file a petition before the learned court below to the effect that he will appear in the case regularly. Let the court below conduct the trial on day to day basis and if the petitioner will default on two consecutive occasions, the learned court below will be at liberty to cancel the bail bond of the petitioner. Devendra/ ( Dinesh Kumar Singh, J.)