IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.57858 of 2007 BISHNU GOPE @ BISHNU RAI, S/O DEVDAT PRASAD, RESIDENT OF MOHALLA MAINPURA, P.S. PATLIPUTRA, DISTRICT PATNA .. PETITIONER Versus THE STATE OF BIHAR .. OPPOSITE PARTY **** /3/ 09.04.2010 Heard the counsel for the parties. 2. This is a petition for quashing the order, dated 19.02.2001, by which the Judicial Magistrate, Patna, has cancelled the bail bond of the petitioner in Patliputra P.S. Case No. 7 of 1994 in view of the fact that no pairvi was made on behalf of the petitioner. The learned counsel for the petitioner submits that the petitioner was in jail and so he could not make the pairvi on that date. 3. From the perusal of the record it appears that on 18.12.2000 an order was passed in the said case that accused is absent, a petitioner has been filed on behalf of the accused, Bishnu Gope which was not moved and so the petition was dismissed and case was, again, fixed on 19.12.2000 for appearance. The learned counsel for the petitioner, however, contends that on 18.12.2000 a petition was filed on behalf of this petitioner that he is in jail in connection with Gandhi Maidan P.S. Case No. 290 of 1999 and so the production warrant may be issued. However, the said petition was not considered and case was fixed for 19.12.2000 and on that date since no pairvi was made the bail bond was cancelled. However, the order was 2 passed on 19.02.2000, but, this criminal miscellaneous petition under Section 482 of the Criminal Procedure Code for quashing the order, dated 19.02.2000 has been preferred in 2007, hence, learned counsel for the petitioner submits that due to mistake of the lawyer the petitioner is going to suffer because the lawyer did not move the petition. 4. Without taking into consideration the fact and the petition is filed after seven years and the submission of the learned counsel for the petitioner that the petitioner was in jail during the period, however, no such averment has been made in the petition about the period in custody, I am not inclined to set aside or to quash the order, dated 19.02.2000. This petition is dismissed. 5. If the petitioner files a bail petition on the ground that the petitioner, during that period the petitioner was in jail and could not move, then the bail petition of the petitioner shall leniently be taken into consideration by the Court below. S.A. ( Gopal Prasad, J. )