[ 2026:JHHC:19285] 1 Cr.M.P. No. 1855 of 2026 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 1855 of 2026 Nitesh Yadav, aged about 40 years, Son of Babu Lal Yadav resident of Village-Sardarpara, Ρ.Ο. and P.S. Majadanapur, District - Bhagalpur (Bihar) ....... Petitioner Versus The State of Jharkhand .….. Opposite Party For the Petitioner : Mr. Abhishek Singh , Adv. For the State : Mr. P.K.Chatterjee, Spl. 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 528 of BNSS, 2023 with the twin prayers, readers but at the outset the learned counsel for the petitioner submits that the petitioner this is does not press the prayer to quash the order dated 30.01.2026 passed by learned SDJM, Jamtara in Nala P.S. case no. 76 of 2022, hence, the prayer to quash and set aside the order dated 30.01.2026 passed by learned SDJM, Jamtara in Nala P.S. case no. 76 of 2022 is rejected as not pressed. 3. So far as prayer to quash the order dated 28.04.2026 passed by learned SDJM, Jamtara in the said Nala P.S. case no. 76 of 2022 is concerned, it is submitted by learned counsel for the petitioner that learned SDJM, Jamtara has passed the said order without mentioning the date and time for appearance of the petitioner; accordingly the said impugned order is not in accordance with law, hence, it is submitted that the same be quashed and set aside. 4. Learned Spl. PP on the other hand vehemently opposes the prayer and submits that the very fact that the proclamation order has been passed, goes to show that the petitioner is supposed to appear before the court concerned, after 30 days [ 2026:JHHC:19285] 2 Cr.M.P. No. 1855 of 2026 of the proclamation during court hours hence, no illegality has been committed by learned SDJM, Jamtara. It is lastly submitted that this Criminal Miscellaneous Petition being without any merit, be dismissed. 5. Having heard the submissions made at the Bar and after going through materials available in the record, it is pertinent to mention here that by now it is a settled principle of law that the court while issuing the proclamation under Section 84 of BNSS, must record its satisfaction that the accused in respect of whom, the proclamation has been issued, is absconding or concealing himself to evade his arrest and in case, the court decides to issue the proclamation under Section 84 of BNSS, 2023, it must mention the time and place for appearance of the accused person, in respect of whom the order of proclamation is passed, in the order itself, by which the proclamation under Section 84 of BNSS, 2023 is issued. As already indicated above, since learned SDJM, Jamtara has failed to fix the time and place for appearance of the accused person of the case in the impugned order itself by which, the proclamation under Section 84 of BNSS, 2023 has been issued, hence, this Court has no hesitation in holding that the same is not sustainable in law. 6. Accordingly, the order dated 28.04.2026 passed by learned SDJM, Jamtara in the said Nala P.S. case no. 76 of 2022 is quashed and set aside qua the petitioner. 7. Learned SDJM, Jamtara may pass a fresh order in accordance with law. 8. This Criminal Miscellaneous Petition is allowed to the aforesaid extent only. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated, 30th June, 2026 Smita /AFR Uploaded on 03.07.2026