IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9940 of 2009 SHREE JANAK DHARI UPADHYAYA son of Ramashrayaya Upadhyaya Versus THE STATE OF BIHAR & ANR ----------- 3 13.09.2010 Counter affidavit filed on behalf of the petitioner No.2 be kept on record. By an order dated 10.2.2009 the revisional Court refused to interfere in the order of the Magistrate dated 19.11.2008 in Complaint Case No. C1- 590 of 2004 Tr. No. 248 of 2009 by which he cancelled the bail of the petitioner on account of non appearance of the opposite party No.2 who is also present in Court and he has no objection on grant of bail on the undertaking of the petitioner that he shall appear within 15 days from the date of receipt of the copy of this order so that the trial can be held. In view of such the application is allowed and the order dated 19.11.2008 in Complaint Case No. C1- 590 of 2004 Tr. No. 248 of 2009 passed by the Judicial Magistrate, Ist Class, Sitamarhi is quashed and the petitioner is directed to appear 2 within two weeks from the date of receipt/production of a copy of this order on which the petitioner shall be allowed to remain on previous bail. Bibhash ( Anjana Prakash, J.)