IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7238 of 2010 Karuneshwar Pandey @ Pintu Pandey, son of Akhileshwar Pandey, village Mathia Brit, Baithania, PS Majhaulia, district West Champaran – petitioner. Vs. 1) The State of Bihar, 2) Deota Nand Pandey, son of Late Narayan Pandey, village Mathia Brit Baithania, (Naya Tola), PS Majhaulia, district West Champaran. 2 10.3.2010 Heard learned counsel for the parties. This application has been filed for quashing the order, dated 18.11.2009 passed in Tr. No. 694/2009 by Judicial Magistrate, Bettiah by which the petition filed under section 317 Cr.P.C. has been rejected and after cancellation of bail bond, non-bailable warrant has been issued. The petitioner claims that he is a student prosecuting his studies in Bangalore and, therefore, has been filing application under section 317 Cr.P.C. On 6.11.2009 the court in its order has recorded that the arguments are closed and 18.11.2009 was fixed as the date for delivering judgment, without making specific order for personal appearance of the accused. On 18.11.2009 an application under section 317 of the Cr.P.C. was filed on behalf of the petitioner which was rejected. The result is that the petitioner who is ready to appear would now have to go to jail for the delay for non-appearance on 18.11.2009. I find that although the court had fixed 18.11.2009 as the date for delivering judgment, it has not done so, and on 25.1.2010 the court has fixed 11.5.2010 as the next date. Initially I was of the opinion that the petitioner should 2 appear and remain in custody till judgment was delivered. However, considering the fact that the court is not ready to deliver judgment before 11.5.2010, I direct that the petitioner should appear before the trial court within three weeks and court will release him on bail. This application is allowed to the extent indicated above. Let a copy of this order be communicated by Fax to Shri Girish Mishra, Judicial Magistrate, Bettiah in Trial No. 694/2009 at the cost of the petitioner. haque (Sheema Ali Khan, J.)