(1.) Learned counsel for the petitioner and the State are present. But opposite party No. 2 Suresh Pandey is neither present in person nor through a counsel. No show cause has been filed on his behalf. Office note dated 26th June, 1991, shows that personal service of notice issued under registered cover, was affected on him on refusal.
(2.) In the circumstances heard learned counsel for the petitioner and the State.
(3.) Also perused the records of Cr. Misc. No. 12202/90, Suresh Pandey v. State of Bihar, disposed of on 28-11-1990 and Cr, Misc. No. 832/91 (Suresh Pandey v. The States of Bihar) disposed of on 24-1-1991.