IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34520 of 2011 Shivji Mahto S/o late Ram Dayal Mahto R/o village-Methaura, P.S.-Dumra, Dist.-Sitamarhi Versus 1.The State of Bihar 2.Yogendra Paswan S/o late Bahadur Paswan R/o village-Muraleadih, P.S.-Bajpatti, Dist.-Sitamarhi ----------- 2. 15.10.2011. Heard learned counsel for the petitioner and learned counsel for the State. The present application has been filed for quashing of the order dated 19.9.2011 passed by learned Sub.Divisional Judicial Magistrate, Pupari at Sitamarhi in Bajpatti P.S. Case No.134 of 2011 whereby non-bailable warrant has been issued against the petitioner in a case registered for the offence under section 302 and 201/34 of the Indian Penal Code. It is submitted on behalf of the petitioner that the petitioner is not named in the first information report. In course of investigation his name has transpired. The materials collected in course of investigation at best would attract ingredients of the offence under section 201 of the Indian Penal Code as against the petitioner and not under section 302 of the Indian Penal Code and thus he submits that in view of section 73 of the Code of Criminal Procedure the court below was not competent to issue non-bailable warrant of arrest on the prayer made by the police. Having heard the parties, I am of the view that since the case has been registered for the offence under sections 302 and 201/34 of the Indian Penal Code and the petitioner’s complicity transpired in course of investigation, it would not be prudent to hold at this stage that section 302 of the Indian Penal Code would not be 2 attracted and only section 201 of the Indian Penal Code would be attracted against the petitioner specially when the F.I.R. has been registered under Sections 302/201/34 of the IPC. I may quote section 73(1) of the Code of Criminal Procedure which reads as follows: “Warrant may be directed to any person.-(1) The Chief Judicial Magistrate or a Magistrate of the first class may direct a warrant to any persons within his local jurisdiction for the arrest of any escaped convict, proclaimed offender or of any person who is accused of a non-bailable offence and is evading arrest.” From the impugned order it is apparent that the police had prayed for issuance of warrant of arrest on the ground that the petitioner was involved in a cognizable and non-bailable offence and was deliberately evading arrest. In that view of the matter, I find no illegality in the order impugned. Accordingly, the present application being devoid of any merit is dismissed. Md.S. ( Ashwani Kumar Singh, J.)