IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30670 of 2008 FAIYAJ Versus STATE OF BIHAR ----------- 07/ 25.07.2009 None appears on behalf of the petitioner, who was granted bail by order dated 25.9.2008. It is a case under Section 395 of the IPC and as may appear from another order dated 27.11.2008 passed in another Cr. Misc. bearing No. 48482 of 2008 the order of bail was granted on misappropriation of fact by me to the petitioner which could be revealed during the hearing the latter Cr. Misc. petition on 27.11.2008 which was preferred by Ashok Kumar Birajee @ Ashok Birajee and directed while dismissing the later petition of Ashok Kumar Birajee to issue notice against the petitioner of cancellation. Order dated 16.3.2009 passed in Cr. Misc. No. 30670 of 2008, i.e., the present petition indicates that the notices were issued and that those have been deemed validly served. As already stated on account of misappropriation of fact the order of bail was passed by me while passing order dated 25.9.2008. The petitioner has not chosen to appear in spite of proper service of notice asking of reply to the show - 2 - cause. Considering the above facts and circumstances, I hereby recall and cancel my order dated 25..9.2008 and direct the A.C.J.M., Jhanjharpur (Madhubani) to ensure that the petitioner Faiyaj, who is an accused in Laukaha (Khutauna) P.S. Case No. 202 of 2007 is arrested forthwith and committed to custody. The petition is, accordingly, disposed of. DKS/ (Dharnidhar Jha, J.)