IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22722 of 1998 Rishideo Prasad @ Rishi Prasad, Son of Late Basudeo Sao, Resident of Village and P.S. Bihta, District Patna. ----- Petitioner (2nd Party in the court below.) Versus 1. The State of Bihar. 2. The Sub-Divisional Officer, Danapur. 3. Bimla Kuer, Wife of Late Jovala Prasad, Resident of Village and P.S. Bihta, District Patna. ---------- Opposite Parties (1st party in the court below) ----------- 7 7.8.2009 From the records of the court below received in this case, it would appear that after the remand order passed by the 3rd Additional Sessions Judge, Patna, no fresh notice of proceeding was served on the petitioner and an ex-parte order was passed. The aforesaid ground is good enough for quashing of the impugned order and accordingly the same is set aside. Since this Court has set aside the impugned order only on account of the petitioner being not noticed and heard, the court below is directed to issue fresh notice to the petitioner, give an opportunity of hearing to the parties before passing its final order. This application is allowed only to the extent indicated above. Let the lower court records be sent back immediately without any delay. Rsh (Mihir Kumar Jha, J.) 2