AMRENDRA 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.) MR. Ramesh Prasad Singh, appearing on behalf of the petitioners, submits that once petitioners were granted bail before the case was committed to the Court of Session, at the time of the commitment of the case. the committing court, i.e. the learned Magistrate, had not given any date of appearance before the Sessions Court and in that view of the matter, petitioners could have appeared only after the service of summons on them by the Sessions Court. He points out that although the learned Judge had directed for issuance of summons and non-bailable warrants of arrest, but those were not served at all, still their bail bonds have been cancelled and ultimately, non-bailable warrants of arrest have been issued. He submits that without service of summons, the bail bonds ought not to have been cancelled and non-bailable warrants of arrest ought not to have been issued.