IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4068 of 2009 Dhanraj Prasad Singh, son of Late Ramjeet Prasad Singh, village Khem Matihania, PS Bishambharpur, District Gopalganj – Petitioner. Vs. 1. The State of Bihar, 2. The Superintendent of Police, Gopalganj. 3. The Officer Incharge, Bishwambharpur Police Station, Dist. Gopalganj. 4. Rajbanshi Chaudhary, village Jogipur, PS Gopalpur, district Gopalganj – Opp. Parties. 3 24.8.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner has been made accused in a case under section 379 of the Penal Code. The occurrence is of the year 1982. Learned counsel for the petitioner submits that the petitioner has been named after a gap of some time in the statement made under section 164 of the Code of Criminal Procedure because the Investigating Officer of the case was inimical to him. Nevertheless the petitioner was released on bail in this case and continued to avail the liberty of bail. On 19.10.1983 the case was transferred to the district of Siwan from Gopalganj and again in 1993 the case was retransferred to Siwan. The main contention of the petitioner is that on issuance of notice he did not appear in this case as his address has wrongly been given in the statement made under section 164 of the Cr. P. C. It is his contention that he is not a resident of Kala Mutania but he is resident of village Khem Mutania. The petitioner received knowledge of the said notice in 2008 when the Investigating Officer of Bishwambharpur police station took steps to arrest the petitioner and as such he moved the court for recall of the order issuing warrant of 2 arrest. The court below has rejected the said application by a reasoned order. The reasons, in my opinion, are correct and the petitioner should surrender in the court below where the court should consider the submissions made on behalf of the petitioner. This application is disposed of with the aforesaid observation. haque (Sheema Ali Khan, J.)