IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18613 of 2008 TILAK RAI, son of Baijnath Rai, village Dariapur, PS Dariyapur, district Chapra. Versus STTAE OF BIHAR ----------- 2 4.2.2010 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 29.9.2005 passed by F.T.C. Vth, Nawada in S.T. No. 78/2006 arising out of S. Tr. No. 377/2004, arising out of S. Tr. No. 334/2004 arising out of Moffasil PS Case No. 64/2003 by which non-bailable warrant of arrest has been issued against the petitioner. Learned counsel for the petitioner submits that he was present and attending the proceedings till such time as the case was committed to the court of Judicial Magistrate from where it was transferred to the court of Sessions for the purposes of holding the trial. Notices were issued to the petitioner on 9.8.2004. The order sheet indicates that the petitioner did not receive the notice and after the non-bailable warrant of arrest was issued, the petitioner woke up to the fact that he should appear in court. On 29.9.2005 a non- bailable warrant of arrest was issued and on 4.11.2006 he was declared as absconder. Counsel for the petitioner submits that he is ready to surrender and face the trial. In the circumstances I direct that the petitioner should surrender in the court below. The court below will take a sympathetic 2 view and grant him bail on payment of cost. The matter relates to a case of road accident in which there was no loss of life or injury inflicted on any one. It is said that the rifle carried by the informant was damaged in the said accident. Taking into account these aspects the court should try and dispose of the case as early possible. This application is disposed of with the aforesaid observation. haque (Sheema Ali Khan, J.)