IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16123 of 2009 AKHILESH KUMAR SINGH, son of Bhuneshwar Pd. Singh, village Maldiha, PS Barhhara (Kothi), District Purnea – Petitioner. Versus THE STATE OF BIHAR ----------- 3 9.10.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner has challenged the order, dated 2.4.2009 passed by 2.4.2009 by which non-bailable warrant of arrest has been issued against him. The petitioner was made accused in a case under sections 39/192, 3/15, 180/181 of the Motor Vehicles Act and section 5(1)(d) / 28(i) (ix) of the B.M.V.T Act. Certain amount of money was due against the petitioner for which a certificate proceeding was also initiated vide Case No.662/1993-94. On 31.12.2002 the certificate proceeding was dropped which is apparent from the order sheet at Annexure 2 on the ground that the entire dues have been paid by the two brothers Mithilesh Kumar and the present petitioner. In the circumstances the issuance of non-bailable warrant of arrest and continuance of criminal proceeding would perhaps be unwarranted. The petitioner is directed to appear before the Subdivisional Judicial Magistrate, Purnea and produce the order sheet of Case No. 662/1993-94. The Magistrate will then take appropriate steps in the matter. In view of the aforesaid facts the order issuing non- 2 bailable warrant of arrest, dated 2.4.2009 is quashed. In the result, this application is allowed. haque (Sheema Ali Khan, J.)