( 2025:JHHC:12559 ) 1 Cr. M.P. No.948 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.948 of 2025 ------ Subir Sahu @ Sudhir Kumar Sahu, S/o Sri Rajendra Prasad Sahu, aged about 49 years, R/o Station Road, Barabil, P.O. & P.S.-Barabil, District-Keonjhar (Odisha). … Petitioners Versus The State of Jharkhand … Opposite Party ------ For the Petitioner : Mr. Kalyan Roy, Advocate : Mr. Sidhartha Roy, Advocate For the State : Mr. P.K. Chatterjee, Spl.P.P. ------ 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 528 of the B.N.S.S., 2023 with a prayer to quash and set aside order dated 13.10.2022 passed by learned Chief Judicial Magistrate, Chaibasa whereby and where under the bail bond of the petitioner has been cancelled and non-bailable warrant of arrest has been directed to be issued against the petitioner in connection with Gua (Bara Jamda) P.S. Case No.61 of 2009 corresponding to G.R. No.496 of 2009. 3. This case has a chequered history, the petitioner earlier filed a Cr.M.P. No.258 of 2019 with a prayer for quashing the orders dated 09.05.2014, 26.09.2014 and 19.02.2015 whereby non-bailable warrant of arrest and proclamation under Section 82 of Cr.P.C. was ordered to be issued by the Court of learned Chief Judicial Magistrate, Chaibasa, against the petitioner in G.R. Case No.496 of 2009. ( 2025:JHHC:12559 ) 2 Cr. M.P. No.948 of 2025 4. The co-ordinate bench of this Court vide order dated 06.08.2019 set aside the order and observed that the petitioner shall appear in the Court below and after such appearance of the petitioner in the Court below after giving an opportunity of hearing to the petitioner, the Court below shall pass a reasoned and speaking order in accordance with law. Though, the said order was passed by the coordinate Bench of this court on 06.08.2019, yet the petitioner defied the same and did not appear before the Court of learned Chief Judicial Magistrate, Chaibasa till 13.10.2022; in spite of several directions given by the learned Chief Judicial Magistrate, Chaibasa, the details of which has been passed with the order dated 13.10.2022. 5. Earlier, the petitioner was on bail and since in spite of several directions, the petitioner did not comply with the order of this Court to appear before the learned Chief Judicial Magistrate, Chaibasa, the learned Chief Judicial Magistrate, Chaibasa cancelled the bail granted to the petitioner and directed for issuance of non-bailable warrant of arrest. 6. Learned counsel for the petitioner submits that the petitioner was having no knowledge about the order dated 06.08.2019 because the counsel of the petitioner did not inform the petitioner about the order dated 06.08.2019. It is next submitted that as the father of the petitioner was ill because of which he could not pursue the case and from March, 2020 the COVID-19 Pandemic started, hence, it is submitted that the prayer, as prayed for in the instant Cr.M.P, be allowed. 7. Learned Spl.P.P. appearing for the State on the other hand vehemently oppose the prayer of the petitioner made in the instant Cr.M.P and submits that on 06.08.2019, the petitioner was represented in this Court by a respected ( 2025:JHHC:12559 ) 3 Cr. M.P. No.948 of 2025 Senior Advocate Mr. R.S. Mazumdar assisted by Ms. Shruti Shrestha, Advocate. It is next submitted that it is highly unlikely that a senior advocate like Mr. R.S. Mazumdar will appear in a case without the instruction of the client and keep the petitioner in dark. 8. At this stage, the learned counsel for the petitioner seeks permission of this Court to withdraw this Cr.M.P. 9. Permission is accorded. 10. Accordingly, this Cr.M.P. is dismissed as withdrawn. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 28th of April, 2025 AFR/ Abhiraj