IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.490 of 2007 VINAY KUMAR Versus STATE OF BIHAR & ORS ----------- 5 22.7.2008 Heard learned counsel for the petitioner and the State. One Vinay Kumar, the informant of Budha Colony P.S.Case No.3 of 2000 under sections 302, 386/34 of the Penal Code has moved this court for directing the police officials to arrest the accused persons who have been arrayed as assailant in the F.I.R. As per F.I.R. one Mallu Gope chased the deceased and shot him at his ear and when he fell down one Dig Vijay Singh and Rajesh Pandey also opened fire killing him on the spot. Learned counsel for the petitioner submits that a final report was submitted in which strangely enough accused Mallu Gope was not sent up for trial. However, the trial court took cognizance of offence under sections 302, 386/34 of the Penal Code and summoned all the accused namely Mallu Gope, Dig Vijay Singh and Rajesh Pandey to face trial. He further submits that warrant of arrest has been issued by the court but still the accused persons have not been arrested. He submits that under section 70 Cr.P.C. a warrant once issued deems to continue till it is executed or returned. Learned counsel for the State submits that after investigation the police submitted final report charge sheeting some of the accused persons. He further submits that no warrant is pending in the Budha Colony police station. The facts of this case presents a very sorry state of affairs - 2 - KHAN wherein the named accused are at large even after six years of commission of the offence. The learned Magistrate who is in seisin of the case will take all coercive steps for appearance of the accused persons. The police officials concerned will make all efforts to nab the culprits at the earliest. With the aforesaid observations and directions, this application stands disposed of. (S.P.Singh,J)