(2025:JHHC:12919) Cr.M.P. No.738 of 2025 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 738 of 2025 Lalan Kumar Choudhary @ Lalan Choudhary, aged about 70 years, son of Late Hari Kishor Choudhary, resident of Suresh Colony, Hazaribagh, P.O. –Hazaribagh, Police Station –Sadar, District - Hazaribagh .... Petitioner Versus The State of Jharkhand …. Opp. Party P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ….. For the Petitioner : Mr. Abhay Kr. Chaturvedy, Advocate For the State : Mrs. Priya Shrestha, Spl. P.P. ….. By the Court:- 1. Heard the parties. 2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 528 of B.N.S.S., 2023 with a prayer to quash the order dated 20.09.2024, passed by the learned Additional Chief Judicial Magistrate, Chatra in G.R. Case No. 95 of 2010 arising out of Chatra Sadar P.S. Case No. 19 of 2010 by which the learned Additional Chief Judicial Magistrate, Chatra has inter-alia cancelled the bail of the petitioner who is an accused of that case and issued non-bailable warrant of arrest against the petitioner. 3. The brief fact of the case is that on 20.09.2024, the case was fixed for argument on the merits of the case. A petition for dispensing with the personal attendance of the petitioner and to be represented by his lawyer was filed by the counsel but the counsel did not turn up to argue the case. The learned Additional Chief Judicial Magistrate (2025:JHHC:12919) Cr.M.P. No.738 of 2025 2 rejected the petition for representation of the petitioner through his lawyer and cancelled the bail of the accused and directed for issue of non-bailable warrant of arrest against the accused and notice to the bailors. 4. It is submitted by the learned counsel for the petitioner that the petitioner is an old person and due to illness, he could not appear physically before the learned trial court on the date fixed. It is next submitted that there was no direction for physical appearance of the petitioner before the court concerned but even then, the learned Additional Chief Judicial Magistrate without giving any opportunity to the petitioner to appear in person, has committed illegality by cancelling the bail granted to him and consequently issuing the non- bailable warrant of arrest. In support of his case, the learned counsel for the petitioner relies upon the order of a Co-ordinate Bench of this Court in the case of Vivek Kumar Singh @ Bivek Kumar Gupta & Ors. Vs. State of Jharkhand dated 19.12.2019, in Cr.M.P. No. 303 of 2019 in which case when the trial court immediately after rejecting the petition filed under Section 317 Cr.P.C. on the same day cancelled the bail and issued warrant of arrest against the petitioner of that case, the Co-ordinate Bench set aside the order. In this respect, the learned counsel for the petitioner also relies upon the Judgment of another Co-ordinate Bench in the case of Karan Singh @ Tinku Vs. State of Jharkhand in dated 03.07.2017 in Cr.M.P. No. 1340 of 2017 wherein the Co-ordinate Bench took note of the order passed by the Patna High Court in the case of Sandeep Kumar Tekriwal Vs. State of Bihar & Anr. reported in 2009 (1) East Cr C 233 (Patna) wherein the Hon’ble Patna High Court was of the view (2025:JHHC:12919) Cr.M.P. No.738 of 2025 3 that unless on the preceding date there is direction for personal attendance of the accused, the court in case of rejecting the prayer for representation under Section 317 Cr.P.C. ought to have provided a reasonable opportunity to the accused to appear in person. The learned counsel for the petitioner further submits that the petitioner undertakes to appear before the learned trial court on or before 20th May, 2025. Hence, it is submitted that the prayer as prayed for by the petitioner in this criminal miscellaneous petition be allowed. 5. The learned Spl. P.P. on the other hand opposes the prayer as prayed for in this criminal miscellaneous petition 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 the materials in the record, it is pertinent to mention here that perusal of the order dated 20.09.2024 reveals that there was no direction given by the learned Additional Chief Judicial Magistrate, Chatra to the petitioner to remain physically present before the said court on 20.09.2024. In the order sheet, the learned Additional Chief Judicial Magistrate himself has mentioned that the petitioner is represented through his advocate. It indicates that the court concerned allowed, the petitioner to be represented by his Advocate. Merely, because the advocate did not turn up for hearing of argument, there was no justifiable reason to cancel the bail granted to the petitioner; where there was no direction for personal appearance of the petitioner in the court concerned. Hence, this Court is of the considered view that the order dated 20.09.2024, passed by the learned Additional Chief Judicial Magistrate, Chatra in (2025:JHHC:12919) Cr.M.P. No.738 of 2025 4 G.R. Case No. 95 of 2010 arising out of Chatra Sadar P.S. Case No. 19 of 2010 is not sustainable in law. 7. Accordingly, the order dated 20.09.2024, passed by the learned Additional Chief Judicial Magistrate, Chatra in G.R. Case No. 95 of 2010 arising out of Chatra Sadar P.S. Case No. 19 of 2010 is quashed and set aside. 8. In case, the petitioner appears before the learned Additional Chief Judicial Magistrate, Chatra on or before 20.05.2025, the petitioner shall be permitted to continue in his previous bail and the learned Additional Chief Judicial Magistrate, Chatra may pass appropriate orders for expediting the argument on the merits of G.R. Case No. 95 of 2010. 9. In case, the petitioner fails to appear before the learned Additional Chief Judicial Magistrate, Chatra on or before 20.05.2025, this conditional order shall not be given effect to and the learned Additional Chief Judicial Magistrate, Chatra shall ensure that all coercive steps are taken for apprehension of the petitioner for facing the trial. 10. This criminal miscellaneous petition is disposed of accordingly. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 23rd April, 2025 AFR/Sonu-Gunjan/-