ANITA VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for quashing the orders dated 21.2.2002 and 20,3.2004 passed by the 3rd Additional Sessions Judge, Patna in Sessions Trial No.102 of 1997 whereby he had cancelled the bail bonds of the petitioners and directed for issuance of bailable and non-bailable warrants of arrest against them respectively.

(2.) Short facts giving rise to the present application are that the petitioners are accused in a case in which they have been charge sheeted under Sections 147, 148, 149, 302, 307 and 120b of the Indian Penal Code. They were granted bail in the case even before the case was committed to the Court of Session. Ultimately, they were committed to the Court of Session by the Judicial Magistrate, Ist Class, Patna by order dated 25.11.1996.

(3.) It is relevant here to state that the learned Magistrate, while committing the case to the Court of Session, did not indicate any date of appearance of the petitioners. It came up for consideration before the learned Session Judge on 5,2.1997, who directed that the same be put up in serial order. The Sessions Judge, by order dated 7.6.1997, transferred the case to the court of 3rd Additional Sessions Judge for disposal. By orders of different dates, the 3rd Additional Sessions Judge, directed for issuance of summons. There is nothing on the record to show that summons, in fact, were served on the petitioners but by the impugned order dated 21.2,2002, the learned Judge, cancelled the bail bonds of the petitioners and directed for Issuance of bailable warrants of arrest. Thereafter also, the record does not suggest that bailable warrants of arrest were served on the petitioners and by the impugned order dated 20.3.2004, he directed for issuance of non-bailable warrants of arrest.