IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.40317 OF 2009 SANDEEP KUMAR, SON OF LATE LAL BABU MAHTO, RESIDENT OF MOHALLA MIRGULABI BAGH, POLICE STATION KHAJEKALAN, DISTRICT PATNA VERSUS THE STATE OF BIHAR ******** FOR THE PETITIONER :- MR. BIRJU PRASAD, ADVOCATE FOR THE S T A T E :- MR. L. K. SHARMA, A.P.P. ************ 2 15/02/2010 It is a very sorry state of affairs with respect to the manner in which the Court below has proceeded in this case. The case was instituted in the year 1997 under Sections 341, 323, 307 and other allied sections of the Indian Penal Code. The petitioner was on police bail as per the statement made at paragraph no. 9 of this application since 29.07.1998. On 16.09.1998, summons was issued to the petitioner to appear in this case. On 25.08.1999, processes under Section 82-83 of the Code of Criminal Procedure were also issued. It appears from the order sheet that after issuance of summons and 82-83 process, there is no noting in the order sheet to show that the summons were ever served on the petitioner. On 10.12.1999, the petitioner was declared as absconder. Thereafter, it appears that this case went into limbo and no steps were taken whatsoever by any of the Courts in this matter. On 13.05.2009, an application was made and orders were 2 passed refusing to recall the order declaring the petitioner as absconder. Procedure of law is well established. After issuance of summons, formal steps should be taken so that the notices reach the person. Without taking any legal steps, it would not be proper for this Court to hold that the petitioner is an absconder. In any event, I direct that the petitioner should appear before the Judicial Magistrate, 1st Class, Patna City in G.R. Case No. 1389 of 1997 arising out of khajekalan Police Station Case No. 162 of 1997 within a period of four weeks from today and pray for bail. Since the petitioner was on police bail, the Court below will grant the petitioner bail to his own satisfaction. This application is accordingly allowed to the extent indicated above. Anand ( Sheema Ali Khan, J.)