IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10991 of 2010 NARAYAN KISHKOO @ NARAIN KISKU, S/O FULAHI KISHKOO, RESIDENT OF VILLAGE-NANDAMIA, P.S RAUTA, DISTT. PURNEA. --PETITIONER Versus THE STATE OF BIHAR --OPP.PARTY _____ For the Petitioner : M/s N.K. Agrawal, Sr.Adv D.N. Tiwari, & Vijay Anand For the State : Mr. M. Prasad Singh, APP 2 14.05.2010 Heard learned counsel for the petitioner and for the State. This application has been preferred under Section 482 of the Code of Criminal Procedure seeking quashing of order dated 03rd May, 2007 by Additional Sessions Judge, Fast Track Court –II, Purnea in Sessions Trial no. 731 of 1998 arising out of Rauta P.S. Case no. 117 of 1995 declaring the petitioner as absconder. Undisputedly, earlier the petitioner was granted bail by order dated 19th June, 1997 passed in B.P. no. 219 of 1997. The petitioner, in spite of issuance of summons, 2 warrant of arrest etc. and hanging of process at his door, could not turn up, accordingly, he was declared absconder by the impugned order. It is contended on behalf of the petitioner that at the time of commitment of the case no date of appearance before the Sessions Judge was fixed. Due to this alone entire subsequent process till declaring the petitioner absconder, are non-est. The learned counsel placed reliance on a decision of this Court on a case Amrendra Verma V. State of Bihar; 2006(2) P.L.J.R. 638, and further reliance has been placed on a decision of this court dated 06th January, 2010 in Cr.Misc. no. 12055 of 2008, Ram Pavitra Jha & Ors. Vrs. State of Bihar, wherein reliance has been placed on the aforesaid decision. The learned trial court has taken all steps to secure appearance of the petitioner but failed to do so and, ultimately, he was declared absconder. This Court has already taken a view in the case afore-mentioned that such orders cannot be allowed to stand in view of non-fixing the date of appearance of the accused persons in the Court of Sessions after commitment of the case. 3 Taking into consideration all such aspects, the petitioner is ordered to appear before the court below within three weeks from today along with a receipt showing payment of Rs.3,000/- (Rupees three thousand) to High Court Legal Services Authority with additional undertaking to regularly attend the court on each and every date till the disposal of the case. On failure on two consecutive dates the privilege of bail granted shall be deemed to be cancelled. With all such conditions imposed were complied with, the court below shall release the petitioner on bail on the sureties to its satisfaction. This application is disposed of accordingly. Let this order be communicated to the court below through FAX at the cost being deposited by the petitioner. (Akhilesh Chandra, J.) AAhmad