IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1633 of 2010 DILIP KUMAR SINHA SON OF SRI RAJESHWAR PRASAD SINHA, RESIDENCE OF VILLAGE- MATIHANI, P.S. AND P.O.- MATIHANI, DISTRICT- BEGUSARAI (Bihar). Versus STATE OF BIHAR . ----------- For the petitioner………1. Mr. Aman Nath Singh Adv. Mr. Sharwan Kumar Adv. For the respondent…………Mr. Nawal Kishore Pd. Adv. (APP) 2 09.12.2010 Heard counsel for the parties. Petitioner who is facing accusation under Sections 409, 419 and 420 of the Penal Code is aggrieved by order dated 18.09.2010, whereby learned S.D.J.M., Naugachhia, has cancelled the bail bond of the petitioner and directed for issuance of non-bailable warrant on the plea that the petitioner was not present in person. It is stated that in connection with G.R. case no. 475/2001, lodged in the year 2001, the petitioner appeared in the proceeding in the year 2004 and thereafter is regularly attending the Court. The investigation consume several years. Ultimately charge sheet was submitted in 2008 whereafter an application on behalf of the petitioner was filed for discharge which is pending consideration. It is the stand of the petitioner that he is resident of Begusarai whereas the present proceeding has been initiated and continued at Bhagalpur which prevented 2 him from non-appearance on that date. It is further submitted that a medical certificate was already enclosed with the application. Learned counsel further submits that the application seeking discharge is pending for a long time and the Court ought to have considered and disposed of the same. It is stated before this Court that if a date is fixed by this Court, the petitioner will appear in person before the said Court and thereafter, the pending application may be directed to be disposed of. It has been assured that the petitioner shall not default in appearing in person before the Court as and when directed. Having regard to the aforesaid stand taken by the petitioner, this Court quash the impugned order dated 18.09.2010 passed in G.R. case no. 475/2001, and direct the petitioner to appear before the said Court on or before 5th of January 2011 enabling the Court to proceed further in the matter. In case, the petitioner thereafter defaults in appearance in person on the date fixed for his appearance, the trial court will be at liberty to cancel the bail-bonds of the petitioner. Amrendra (K.K. Mandal, J.,)