IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5653 of 2009 OM PRAKASH PRASAD, SON OF MANGAL PRASAD, RESIDENT OF JARLPUR, P.S. JOGAPATTI, DISTRICT WEST CHAMPARAN----PETITIONER. Versus THE STATE OF BIHAR----OPP. PARTY. ----------- 03. 20.07.2009 Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with a case for the offence under Section 379 of the Penal Code, which was registered against unknown in regard to theft of a motorcycle. Petitioner is apprehending his arrest on account of being implicated by the co-accused. It is submitted on his behalf that he has filed complaint case against one Bhuneshwar Thakur who was at the relevant time Officer-in-Charge of Yogapatti Police Station in the District of West Champaran and petitioner is implicated in this case at the instance of said Bhuneshwar Thakur. Appreciating such submission this Court under orders dated 10.7.2009 called upon the counsel for the petitioner to inform this Court as to whether cognizance has been taken in the complaint, which was filed by the petitioner against said Bhuneshwar Thakur. Counsel submitted that the court of Chief Judicial Magistrate, Bettiah is vacant for the last six months and on account of such vacancy in the court of C.J.M. cognizance in the complaint case has not yet been taken. Aforesaid submission is not correct as the court of C.J.M. is functioning in the judgeship of Bettiah then the counsel submitted that the complaint case has been transferred to the court of other Magistrate, which court according to the counsel for the petitioner is - 2 - vacant and in spite of examination of four witnesses cognizance has not been taken. Let the petitioner surrender in the court of Chief Judicial Magistrate, Bettiah, West Champaran in connection with Jogapatti P.S. Case No. 211 of 2006 within four weeks from today and apply for regular bail and if it is a fact that in spite of examination of four witnesses on his behalf in complaint case No. 1927C of 2006 cognizance has not been taken on account of non-availability of the court below then appropriate orders granting bail to the petitioner be passed, provided his antecedent is absolutely clean. Until such verification no coercive steps be taken against the petitioner. Rajesh/ (V.N.Sinha, J.)