IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.40846 of 2010 RAMJEE MAHTO, son of Ram Swaroop Mahto, resident of village- Gopalpur, P.S. Karza, District- Muzaffarpur at present resident of C/o Vetan Kumar Chauhan, Hariom Hotel, Kolhekar Pade, Valiv Vusai, Thane (Mumbai), 401208 ….Petitioner Versus 1. THE STATE OF BIHAR & 2. Mahesh Paswan son of Late Rajdeo Paswan, resident of village- Gopalpur, P.S. Karza, District- Muzaffarpur …Opposite Parties ----------- 2/ 03.01.2011 Heard the parties. The petitioner seeks quashing of the order dated 01.09.2010 passed by the Judicial Magistrate, 1st class, Muzaffarpur, in Complaint Case No.1051 of 2008, by which he has rejected the application filed under section 205 Cr. P. C. Counsel for the petitioner submits that the petitioner was granted bail by the court below on his surrender, but when he moved an application under section 205 Cr. P. C. expressing his inability to appear on each and every date before the court since he resides in Mumbai, the same was rejected without any cogent reasons. Considering the facts of the case, this application is allowed and the order dated 01.09.2010 passed by the Judicial Magistrate, 1st class, Muzaffarpur, in Complaint Case No.1051 of 2008, is hereby set aside with direction to the petitioner to appear before the court below as and when the court so desires. The application stands allowed. JA/- (Anjana Prakash, J.)