IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.2859 of 2008 UMESH SINGH, Son of Baleshwar Singh, resident of Village- Raipura, Police Station- Sabour, District- Bhagalpur. . . . . Petitioner. Versus THE STATE OF BIHAR ----------- 4/ 07.05.2010 The petitioner has prayed for quashing the order dated 14.04.2004 and 19.08.2004, whereby learned Judicial Magistrate, 1st Class, Bhaglpuar issued Non-bailable Warrant of Arrest in Sabour P.S. case no. 88 of 1996 registered under Sections 143, 349, 353, 504 and 506 of the Indian Penal Code. Learned counsel submits that the offences are triable by the Magistrate and he was earlier granted bail by learned Magistrate himself. He further submits that the order-sheet of the trial court would show that no summons was served upon the petitioner and even in spite of no service report to the contrary, the learned Magistrate has issued Non-Bailable Warrant of Arrest. Learned counsel submits that Non-bailable Warrant of Arrest cannot be issued against an accused on whom there is no service report of summons or notice. In support of his submission, learned counsel has relied upon decision in case of Amrendra Verma & Ors. Vs. The State of Bihar reported in 2006(V) BBCJ 350. He has also relied upon a decision in case of Free Legal Aid Committee, Jamshedpur Vs. State of Bihar reported in A.I.R. 1982 SC 1463. Heard counsel for the parties, the petitioner is facing prosecution under sections 143, 349, 353, 504 and 506 of the Indian Penal Code, in which maximum punishment is two years. He submits that he would be attending the court regularly. - 2 - In the circumstance, this Court directs that if petitioner surrenders before the court below within four weeks from the receipt / production of a copy of this order, the Magistrate will release him on bail on furnishing bail bond of Rs. 5000/- (Five thousand) with two sureties of the like amount each with condition that he will not physically absent for two consecutive dates at stretch till all the non- official witnesses are examined. With the aforesaid direction, this application is disposed of. Uday/ (Samarendra Pratap Singh, J.)