Patna High Court
Manish Kumar vs The State Of Bihar on 11 February, 2025
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68203 of 2024
Arising Out of PS. Case No.-167 Year-2021 Thana- MUZAFFARPUR RAIL P.S. District-
Saran
======================================================
Manish Kumar, Son of Madan Mahto, Resident of Village-Suryajpur
(Surajpur), Baghatola, P.S.- Piprakothi, District-East Champaran at Motihari
(Bihar)
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar, Advocate
For the Opposite Party/s : Mrs. Anita Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL JUDGMENT
Date : 11-02-2025
The present application has been filed by the
petitioner for quashing of the order dated 08.07.2024 passed
by learned Sessions Judge, Saran at Chapra in connection
with Cr. Appeal No.01 of 2023 arising out of Muzaffarpur Rail
P.S. Case No.167 of 2021 registered under Section 379 of
the Indian Penal Code (in short 'IPC'), whereby the learned
trial court has cancelled the bail bond of the petitioner and
issued a non-bailable warrant of arrest against the petitioner.
2. It is submitted by learned counsel that upon
conviction in Trial No. 4089 of 2022 (G.R. No.258 of 2021)
arising out of Muzaffarpur Rail P.S. Case No.167 of 2021 for
the offence under Section 411 of the Indian Penal Code (in
Patna High Court CR. MISC. No.68203 of 2024 dt.11-02-2025
2/5
short 'IPC'). Petitioner was sentenced for one year rigorous
imprisonment vide order dated 03.12.2022 as passed by
Railway Judicial Magistrate, Sonepur, Saran.
3. It is pointed out that as to prefer appeal against
aforesaid conviction, the learned trial court granted
provisional bail to the petitioner under Section 389(3) of the
Code of Criminal Procedure (for short 'CrPC'), which was
confirmed till disposal of appeal upon preferring Criminal
Appeal No.01 of 2023 before the court of learned Sessions
Judge, Saran at Chapra.
4. It is pointed out that the sentence was remained
suspended till disposal of appeal and there was no such pre-
condition that petitioner was to remain present on each and
every date when the appeal was to be listed or taken on
Board. It is submitted that even though non-appearance was
neither intentional nor deliberate.
5. Heard learned APP for the State.
6. It would be apposite to reproduced hereinbelow
the impugned order dated 08.07.2024 for the sake of better
understanding of the case:-
"अपीलकररर की ओर से समयरवे दन दी गई है । वरद पु करर पर कोई
Patna High Court CR. MISC. No.68203 of 2024 dt.11-02-2025
3/5
भी उप० नहीं हुए। अपीलकररर कर बं ध पर्र खं डडर डकयर जररर है ।
करयररलय NBW जररी करे एवं आदे श की प्रडर डनमन नयरयरलय को
भे जे। वरद डद० 06/8/24 को वरसरे सु नवरई हे रु।"
7. It would further be apposite to reproduce the
order dated 02.02.2023 as passed in Criminal Appeal No.01
of 2023 as under:-
"IN THE COURT OF SESSIONS JUDGE
SARAN AT CHAPRA
Criminal Appeal No.01/2023
Manish Kumar ....... Appellant
Versus
State of Bihar .......Respondent
...............
02.02.2023
The appellant Manish Kumar has preferred
this criminal appeal against the judgment and
order dated 03.12.2022 passed by Dr.
Mohammad Jeshan Chand, Judicial Magistrate,
Railway, Sonepur, Saran in G.R. No.4089 of
2022, Muizaffarpur Rail P.S. Case No.167 of 2021
whereby he has convicted the appellant under
Section 411 of the I.P.C. and sentenced him to
undergo R.I. for one year.
Heard Sri Krishna Murari Singh the learned
counsel for the appellant and Sri S.N. Singh the
learned P.P. for the respondent State of Bihar. The
appeal is filed within the period of limitation. So,
the appeal is admitted for hearing.
The learned counsel for the appellant has
also pressed the prayer for bail of appellant by this
Court as the trial court has granted bail to the
appellant for limited period only to file the appeal.
Patna High Court CR. MISC. No.68203 of 2024 dt.11-02-2025
It has been submitted that the appellant was on
bail who never misused the privilege of bail.
Appeal is continuation of trial. The learned counsel
has also pointed out certain facts and
circumstances of the case and the evidence on
record which require appreciation for disposal of
the appeal. The learned P.P. has also fairly
conceded the submissions made by the learned
counsel for the appellant. This appeal is not likely
to be disposed of in very near future. So, in view
of the above facts and circumstances of the case,
the provisional bail granted to the appellant by the
learned court-below is confirmed. The sentence
awarded to the appellant shall remain suspended
till the disposal of appeal. Put up on 28.02.2023
for hearing and disposal in accordance with law.
(Dictated)
Sd/ Illegible
Sessions Judge
Saran at Chapra
02.02.2023"
8. It is admitted position under law that non-
appearance of appellant in criminal appeal not appears fatal
until and unless it is not directed specifically as court may
proceed even after appointing amicus. There was no any
direction to the appellant as to remain present in person on
the date fixed for hearing and moreover an adjournment
application was available, which without taking care, bail bond
of petitioner was cancelled.
Patna High Court CR. MISC. No.68203 of 2024 dt.11-02-2025
9. Considering the aforesaid, the impugned order
dated 08.07.2024 passed by learned Sessions Judge, Saran
at Chapra in connection with Cr. Appeal No.01 of 2023 arising
out of Muzaffarpur Rail P.S. Case No.167 of 2021 is hereby
quashed and set aside. Petitioner shall allow to remain on bail
till disposal of appeal with same bailors and bonds as accepted
by learned appellate court while suspending the sentence.
10. The application stands allowed.
11. Let a copy of the judgment be communicated to
the learned trial court forthwith.
(Chandra Shekhar Jha, J.)
Sanjeet/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 13-02-2025
Transmission Date 13-02-2025
