IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.24391 of 2009 SURESH UPADHYAY s/o Late Budhan Upadhyay, Resident of village- Bharthu, P.S.-Ghoshi, District- Jehanabad, presently Assistant Teacher, High School, Deokoli, P.S. Guranu, District- Gaya ….Petitioner Versus THE STATE OF BIHAR …OP ----------- 2/ 29.09.2010 Heard the parties. The petitioner is aggrieved by the order dated 10.12.2008 passed by the FTC –IV, Gaya, in Sessions Trial No. 335 of 2004, by which on account of non-affixation of sufficient amount of stamp on the representation petition filed under section 317 Cr. P. C. the same was disallowed. In my view, the trial court should not have taken such strict view and should have given opportunity to the petitioner to rectify the defect. In the circumstances, the petitioner is directed to appear before the trial court within three weeks from the date of receipt/production of a copy of this order and if he does so he shall be enlarged on bail on his previous bail bonds. With the aforesaid observation, this application stands disposed of. Let this order be communicated to the FTC –IV, Gaya, in Sessions Trial No. 335 of 2004 through FAX at the cost of the petitioner. JA/- (Anjana Prakash, J.)