IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.555 of 2009 MOHAN OJHA Versus STATE OF BIHAR ----------- 3 4.05.2009. Heard learned counsel for the parties. The revision application has been filed against order dated 14.6.2006, passed by the JM, Ist class, Bettiah in TR NO. 1972 of 2006, by which permanent non bailable warrant has been issued against the petitioner. One Surendra Prasad lodged an information with Mishrawalia Police Station case no. 19 of 1995, under sections 279,330 of the Indian Penal Code, alleging that the petitioner on account of rash and negligent driving hit his truck causing injury to the informant. The petitioner was allowed police bail. On 27.4.1995 cognizance of offence was taken and the petitioner was summoned to face trial. Leaned counsel for the petitioner submits that there was no service report still bailable warrant of arrest was issued on 11.8.1997 . He further submits that subsequently non bailable warrant of arrest was issued on 25.8.1998 though there was no service report of bailable warrant. It appears on 14.8.2001 processes were issued under section 82,83 Cr.P.C., still the petitioner feigns ignorance of the case. Finally after 11 years on 14.6.2006, permanent non bailable warrant of - 2 - arrest has been issued against him. Issuance of permanent non bailable warrant has awakened the petitioner and he moved this Court for setting aside the aforesaid order. It appears from the order, that the learned trial court took all steps within its reach to compel the appearance. The petitioner had not bothered all over the years to do pairvi or to find out the stage of the case. The indifferent attitude of the petitioner has delayed the trial for over 10 years. In the circumstance, this Court is not inclined to set aside the impugned order, rather this Court directs the petitioner to surrender in the court below and raise all his points, including one of being allowed police bail earlier as the case was bailable in nature. The court will consider all these aspects including one of the having not appeared in court over the years, without being prejudiced that he has moved this court. With the aforesaid observations this application is dismissed. Shashi. (S.P.Singh,J).