IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1016 of 2008 SHYAMDEO PRASAD SINGH Versus STATE OF BIHAR & ORS ----------- 3 4.12.2008 Heard counsel for the petitioner and the State. In the instant writ petition the petitioner prays for quashing of the order dated 3.9.2008 passed by Shri Rajendra Kumar Tripathi, Judicial Magistrate Ist Class, Patna in Patna Kotwali P.S. Case No.393 of 2006 whereby the bail bond of the petitioner has been cancelled and non-bailable warrant of arrest has been issued. It appears that the petitioner was granted bail by this court by order dated 18.9.2007 passed in Cr.Misc.No.31871 of 2007 with certain conditions stipulated therein. However, the conditions mentioned in the order dated 18.9.2007 was modified by this court by order dated 5.5.2008 passed in Cr.Misc.No.9386 of 2008. It appears that due to non-appearance of the petitioner in the court below the learned Magistrate by order dated 3.9.2008 cancelled his bail bond relying on the order passed by this court on 5.5.2008 passed in Cr.Misc.No.9386 of 2008. Having considered the facts and circumstances of the case, this court is of the view that the conditions mentioned in the order dated 5.5.2008 passed in Cr.Misc.No.9386 of 2008 would become operational once the trial commences i.e. from the stage of framing of charge. However, it would be open to the learned Magistrate to seek physical appearance of any accused prior to the aforesaid date if so required. In case the petitioner appears in the court below on - 2 - KHAN 8.12.2008, he would be allowed to remain on bail on furnishing appropriate bail bond to the satisfaction of the learned court below. With the aforesaid observations and directions, this writ petition stands disposed of. Let this order be communicated through fax at the cost of the petitioner. (S.P.Singh,J)