Jharkhand High Court
Criminal Procedure and EvidenceCriminal Law

Issuing a non-bailable warrant without receiving the earlier bailable warrant’s execution report is unsustainable.

PRAMOD KUMAR SWAIN vs THE STATE OF JHARKHAND

Jharkhand High CourtJUDGMENT: October 14, 20262 MIN READSOURCE JUDGMENT
Issuing a non-bailable warrant without receiving the earlier bailable warrant’s execution report is unsustainable.. PRAMOD KUMAR SWAIN vs THE STATE OF JHARKHAND. Jharkhand High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner challenged orders passed in Complaint Case No. 436 of 2023. He confined his prayer to quashing the order dated 08.04.2024, by which the Chief Judicial Magistrate, Lohardaga directed issuance of a non-bailable warrant (NBW), and did not press his challenge to the order dated 13.10.2023.

Source reference: p. 2, paras 2–3

The petitioner contended that the execution report for the bailable warrant issued on 01.02.2024 had not been received when the NBW was ordered.

Source reference: p. 2, para 4

He undertook to appear before the trial court by 30.10.2026 and seek regular bail.

Source reference: p. 2, para 4
02

Issues

Whether the order directing issuance of an NBW was sustainable when the execution report for the previously issued bailable warrant had not been received?

Source reference: p. 2, para 4; p. 3, para 6

Whether the petitioner’s undertaking to appear by 30.10.2026 warranted a direction concerning consideration of his regular-bail application?

Source reference: p. 4, para 10
03

Law Applied

The petition invoked the High Court’s jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Source reference: p. 2, para 2

The Court held that, after issuing a bailable warrant, the Magistrate was required to ensure that its execution report was received; in its absence, the subsequent order issuing an NBW was not sustainable on the facts of this case.

Source reference: p. 3, para 6

No precedent was cited.

Source reference: no citation
04

Reasoning

The Court found that the bailable warrant had been issued on 01.02.2024, but its execution report had not been received before the Magistrate ordered an NBW on 08.04.2024.

Source reference: p. 3, para 6

It therefore held that the NBW order could not stand and quashed it as against the petitioner, while leaving the Magistrate free to pass a fresh order in accordance with law.

Source reference: p. 3, paras 6–8
05

Holding

The Court allowed the petition to the limited extent of quashing and setting aside the order dated 08.04.2024 qua the petitioner only; the challenge to the order dated 13.10.2023 was rejected as not pressed.

The Magistrate may pass a fresh order in accordance with law.

Source reference: p. 3, para 8

If the petitioner appears by 30.10.2026 and seeks regular bail, the court must consider the application in accordance with law, without prejudice from the High Court’s order.

Source reference: pp. 3–4, para 10
06

Acts & Sections Cited

1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Bharatiya Nagarik Suraksha Sanhita, 20231

Jharkhand High Court

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PRAMOD KUMAR SWAINvsTHE STATE OF JHARKHAND

Jharkhand High Court · October 14, 2026

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