[ 2025:JHHC:24244] 1 Cr.M.P. No. 2861 of 2023 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 2861 of 2023 Aamir Hussain Khan, aged about 32 years, son of Md. Ashraf Hussain, resident of Ward no. 1, N.G. Road, Lakhna Mohalla, P.O. & P.S.- Madhupur, Dist.- Deoghar ...... Petitioners Versus 1. The State of Jharkhand 2. Rukshana Khatoon, wife of Sajid Alam, resident of Raja Dhirendra Narayan Road, Lakhna, Madhupur, P.O. &P.S.- Madhupur, Dist.- Deoghar ….. Opposite Parties For the Petitioners : Mr. Ankit Kumar, Adv. For the State : Mr. Shailesh Sinha, Addl. PP P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court:- Heard the parties. 2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 of CrPC with a prayer for quashing and setting aside the order dated 05.04.2018 passed by learned Judicial Magistrate First Class, Madhupur, in connection with PCR case no. 83 of 2015 whereby and where under, the bail granted to the petitioner vide order dated 13.05.2016 in connection with PCR case no. 83 of 2015 has been cancelled and Non bailable warrant of arrest has been issued against him. 3. The brief fact of the case is that on 05.04.2018 the petitioner who is an accused person of PCR case no. 83 of 2015 and was on bail in connection with that case was represented through his advocate. A witness stated before the court that the petitioner has been in a foreign country for quite a long time and after recording the same [ 2025:JHHC:24244] 2 Cr.M.P. No. 2861 of 2023 the trial court cancel the bail granted to the petitioner in the said PCR case no. 83 of 2015. 4. It is submitted by learned counsel for the petitioner that admittedly the petitioner was represented by his advocate on 05.04.2018 and there was no direction for personal appearance of the petitioner on 05.04.2018 and there is no order passed by learned SDJM, Madhupur either allowing or rejecting the petition of the petitioner filed for representation and without that, merely because the petitioner was alleged to have gone to a foreign country, the same was not a ground to cancel the bail granted to the petitioner, hence, it is submitted that the prayer as made in this criminal miscellaneous petition be allowed. 5. Learned Addl. 5. Learned Addl. PP opposes the prayer of the petitioner and submits that this Criminal Miscellaneous Petition being without any merit, be dismissed. 6. Having heard the submissions made at the Bar and after going through materials available in the record, it is pertinent to mention here that there was no condition in the bail granted to the petitioner that the petitioner will not visit any foreign country and the undisputed fact remains that petitioner filed a petition for representation on 05.04.2018 in PCR case no. 83 of 2015, obviously through his lawyer and the undisputed fact also remains that there was no direction for the petitioner to appear personally in the case on 05.04.2018. Under such circumstances, this Court is of the considered view that learned SDJM, Madhupur has committed a grave illegality by cancelling the bail granted to the petitioner, on the sole ground that a witness stated in court that the petitioner has been in a foreign country for a long time. 7. Accordingly, the order dated 05.04.2018 passed by learned Judicial Magistrate First Class, Madhupur being not sustainable in law, is quashed and set aside and the bail granted to the petitioner in the said PCR case no. 83 of 2015 is restored. 8. The petitioner is directed to appear before learned trial court on or before 02.09.2025, failing which, learned Judicial Magistrate First [ 2025:JHHC:24244] 3 Cr.M.P. No. 2861 of 2023 Class, Madhupur is directed to cancel the bail granted to the petitioner. 9. This Criminal Miscellaneous Petition is allowed with the aforesaid direction. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated, the 19th August, 2025 Smita /AFR