IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.559 of 2010 DR. ASHOK KUMAR THAKUR & ANR Versus STATE OF BIHAR THRU.ADDL.DIREC ----------- 2 6.9.2010 The petitioner prays for quashing the order dated 7.12.2007 passed by the Special Judge, Vigilance, Patna in Special Case No.11 of 2001 arising out of Vigilance P.S. Case No.11of 2001 by which he has issued non-bailable warrant of arrest against the petitioners. Learned counsel for the petitioners submit that the learned Magistrate after taking cognizance has straightaway issued non-bailable warrant of arrest against the petitioners. He submits that the Hon’ble Apex Court in the case of Indra Mohan Goswami & anr Vs State of Uttaranchal & Ors, reported in A.I.R. 2008 SC 251 has cautioned the court to be careful before issuing non-bailable warrant of arrest. The Apex Court in paragraph 52 has given the guide lines in respect of issuance of warrant of arrest which reads as under: “52. Non-bailable warrant should be issued to bring a person to court when summons of balable warrants would be unlikely to have the desired result. This could be when: It is reasonable to believe that the person will not voluntarily appear in the court; or The police authorities are unable to find the person to serve him with a summon; or It is considered that the person could harm someone if not placed into custody immediately”. 2 Learned counsel for the petitioners submits that in similar circumstances one Jainandan Sharma moved this court challenging one such order dated 7.12.2007 and by this court by order dated 20.4.2010 passed in Cr.W.J.C.No.610 of 2009 quashed the order issuing non-bailable warrant of arrest with the condition that the petitioner would appear in the case on the next date and shall file a written undertaking that he shall appear in the case on all subsequent dates and shall cooperative in the trial and shall not make any effort to tamper with the evidence. As the instant case arises of the same Vigilance Case, this court is inclined to grant similar indulgence to the petitioners. In the circumstances, this court feels it appropriate that the petitioners namely Dr. Ashok Kumar Thakur and Dr.Brajendra Kumar Sinha should not be taken into custody pursuant to the order of the court below dated 7.12.2007. The non-bailable warrant of arrest issued pursuant to the said order is quashed subject to the condition that they will appear in the case on the next date and shall file a written undertaking that they shall appear in the case on all subsequent dates and shall cooperate in the trial and shall not make any effort to tamper with the evidence. If such a written undertaking is given by them, they shall be released on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the Special judge, Vigilance, South Bihar, Patna in connection with Vigilance P.S. Case No.11 of 2001 in Special 3 KHAN Case No.11 of 2001. However, in case the petitioners breach their undertaking the court below will be at liberty to cancel their bail bonds and take steps for their arrest. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)