(2026:JHHC:19240) 1 Cr.M.P. No.3475 of 2024 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 3475 of 2024 Jitendra Prasad, aged about 40 years, son of Shri Vishwanath Prasad, resident of Village-Dhendhe, P.O.-Hosir, P.S.-Gomia, Dist.-Bokaro, Jharkhand- 829111 .... 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. Akchansh Kishore, Advocate For the State : Mr. Shiv Shankar Kumar, Addl. P.P. ….. By the Court:- I.A. No.8377 of 2026 1. Heard the parties. 2. This interlocutory application has been filed with the prayer for early hearing of this criminal miscellaneous petition. 3. Since, hearing of this criminal miscellaneous petition is taken up today, hence, this interlocutory application is disposed of being infructuous. (Anil Kumar Choudhary, J.) Cr.M.P. No. 3475 of 2024 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 the prayer to quash the orders dated 16.02.2018, 05.12.2023 and 07.08.2024 all passed by the learned Judicial Magistrate 1st Class, Bermo at Tenughat and order dated 16.09.2022 passed by the (2026:JHHC:19240) 2 Cr.M.P. No.3475 of 2024 learned S.D.J.M., Bermo at Tenughat in connection with Gomia P.S. Case No. 04 of 2016, corresponding to G.R. No. 39 of 2016. 3. Learned counsel for the petitioner submits that the petitioner is an accused of the said case being Gomia P.S. Case No. 04 of 2016, corresponding to G.R. No. 39 of 2016 in which cognizance has been taken by the learned Judicial Magistrate 1st Class, Bermo at Tenughat of the offences punishable under Sections 419, 420, 466, 467, 468 and 471 of the Indian Penal Code. It is further submitted by the learned counsel for the petitioner that police submitted charge sheet in connection with Gomia P.S. Case No. 04 of 2016 and basing upon the same, the learned Judicial Magistrate 1st Class, Bermo at Tenughat has taken cognizance vide order dated 04.05.2017 and ordered for issuance of summons but without any material to show that summons has been served upon the petitioner who is the accused person of the case, vide order dated 16.02.2018, bailable warrant of arrest was directed to be issued and without the execution report of the bailable warrant of arrest, vide order dated 16.09.2022 non-bailable warrant of arrest was directed to be issued and subsequently, on 05.12.2023 again non- bailable warrant of arrest was directed to be issued. 4. The petitioner came to know of the fact and filed a petition to recall and cancel the order of arrest of the petitioner and the said petition was also rejected vide order dated 07.08.2024. It is next submitted by the learned counsel for the petitioner that the petitioner undertakes to appear before the learned Judicial (2026:JHHC:19240) 3 Cr.M.P. No.3475 of 2024 Magistrate 1st Class, Bermo at Tenughat on the next date fixed on 23.07.2026 and pray for regular bail. It is lastly submitted by the learned counsel for the petitioner that as the said orders are not sustainable in law, the same be quashed and set aside. 5. Learned Addl. P.P. on the other hand vehemently opposes the prayer of the petitioner made in this criminal miscellaneous petition and submits that this criminal miscellaneous petition being without any merit be dismissed. 6. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is pertinent to mention here that so far as the order dated 16.02.2018 is concerned, since prior to that order, the learned Judicial Magistrate 1st Class, Bermo at Tenughat himself has directed for issuance of summons but certainly without receipt of the service report of the summons, the learned Judicial Magistrate 1st Class, Bermo at Tenughat committed a grave illegality by ordering for issue of bailable warrant of arrest vide order dated 16.02.2018 in the said Gomia P.S. Case No. 04 of 2016, corresponding to G.R. No. 39 of 2016. Hence, the said order dated 16.02.2018 passed by the learned Judicial Magistrate 1st Class, Bermo at Tenughat in connection with Gomia P.S. Case No. 04 of 2016, corresponding to G.R. No. 39 of 2016 is not sustainable in law. Accordingly, the same is quashed and set aside. 7. So far as the orders dated 16.09.2022 and 05.12.2023 are concerned, by the said orders non-bailable warrant of arrest were (2026:JHHC:19240) 4 Cr.M.P. No.3475 of 2024 ordered to be issued without the execution report of bailable warrant of arrest, hence, the said orders are not in accordance with law; as once the court concerned has itself directed for issuance of bailable warrant of arrest, it must have waited for execution report of the said bailable warrant of arrest to return to the court and having not done so, but instead having passed orders for issue of non-bailable warrant of arrest, the orders dated 16.09.2022 and 05.12.2023 passed by the learned S.D.J.M., Bermo at Tenughat and the learned Judicial Magistrate 1st Class, Bermo at Tenughat respectively in connection with Gomia P.S. Case No. 04 of 2016, corresponding to G.R. No. 39 of 2016, are not sustainable in law. Accordingly, the same are quashed and set aside. 8. So far as the order dated 07.08.2024 passed by the learned Judicial Magistrate 1st Class, Bermo at Tenughat in connection with Gomia P.S. Case No. 04 of 2016, corresponding to G.R. No. 39 of 2016 is concerned, as already indicated above that the said orders dated 16.02.2018, 16.09.2022 and 05.12.2023 are not sustainable in law, the learned Judicial Magistrate 1st Class, Bermo at Tenughat ought to have granted the prayer of recalling the said orders but having not done so and rather rejected the said prayer, renders the said order dated 07.08.2024 passed by the learned Judicial Magistrate 1st Class, Bermo at Tenughat in connection with Gomia P.S. Case No. 04 of 2016, corresponding to G.R. No. 39 of 2016 not sustainable in law. Accordingly, the same is also quashed and set aside. (2026:JHHC:19240) 5 Cr.M.P. No.3475 of 2024 9. In view of the undertaking given by the petitioner, the petitioner is directed to appear before the learned trial court on 23.07.2026 i.e. the next date fixed in the case and may pray for regular bail. In case, the petitioner prays for regular bail, the same shall be considered by the court concerned in accordance with law. 10. It is made clear that in case, the petitioner fails to appear before the learned trial court on 23.07.2026, the learned trial court is directed to take all coercive steps against the petitioner for his apprehension for facing the trial. 11. In the result, this criminal miscellaneous petition is allowed to the aforesaid extent only. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 1st July, 2026 AFR/Gunjan/- Uploaded on 02/07/2026