IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.8770 OF 2008 ASHOK KUMAR JHA, SON OF LATE SHRI KRISHNADEO JHA, PROPRIETOR OF M/S AMRITA ENTERPRISES - 1, NARMADA APARTMENT, EXHIBITION ROAD, PATNA -1. VERSUS 1. THE STATE OF BIHAR 2. KEDAR NATH MISHRA, SON OF SHRI SHEOCHANDRA MISHRA, RESIDENT OF BEHIND HEAD POST OFFICE, P.O. AND POST AND DISTRICT GOPALGANJ …………………………………………………………………………OPPOSITE PARTIES ********* FOR THE PETITIONER :- MR. ARUN KUMAR, ADVOCATE MR. BIPIN KUMAR, ADVOCATE FOR THE S T A T E :- MR. RAM CHANDER SINGH, A.P.P. ************** 2 19/02/2010 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner is giving up his prayer for quashing of the order dated 01.08.2006 with leave of this Court to raise this issue whether Section 420 of the Indian Penal Code would be applicable at the time of framing of the charges. Counsel for the petitioner submits that after the order of cognizance dated 01.08.2006, summons was issued to the petitioner. Notices were to be sent which would be apparent from the orders dated 01.08.2006, 22.08.2006 and 20.12.2006. On 20.02.2007 without service of summons, order for issuance of non-bailable warrant of arrest was passed. Learned Counsel for the petitioner submits that without waiting for the service 2 report showing valid service of summons on the petitioner, non-bailable warrant of arrest has been issued which is not in accordance with law. It has been held in the case of Inder Mohan Goswami & Anr. Vs. State of Uttaranchal & Ors., reported in 2008 (1) PLJR 82 (SC), that ordinarily the non-bailable warrant of arrest should not be issued unless the Court feels that it would not have the desired effect to issue the bailable warrant of arrest. The conditions laid down in the above judgment are that the Court should have reason to believe that the person will not voluntarily appear or that the Police Authorities are not able to find him to serve him the summons or it is considered that the person would harm someone if not taken into custody immediately. In the circumstances, the petitioner is directed to appear in Court and the Court will pass an appropriate order after his appearance. The order issuing non-bailable warrant of arrest dated 20.02.2007 is quashed. This application is allowed to the extent indicated above. Anand ( Sheema Ali Khan, J.)