IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52141 of 2008 BIKKU KUMAR MEHTA, S/o Binod Kumar Mahta, Resident of Mohalla – Nai Godown, P.S. Kotwali, District - Gaya Versus THE STATE OF BIHAR ----------- 2. 28.01.2009 Heard Sri S. Jamil Akhtar, Advocate for the petitioner and Sri Dasrath Mehta, APP for the State. The informant was to appear at some competitive examination and had missed the train and was taking rest in the waiting room of Gaya railway station. It was this petitioner, who picked up his bag and started moving out. The informant raised an alarm and he along with other students chased and caught the petitioner. The bag was containing admission card in favour of the informant along with his other belongings in addition to Rs.350/- as per description in the seizure memo. The contention is that there was some scuffle or quarrel between the informant and the petitioner for some splace and as such a false case. The contention further was that the petitioner was not caught by the police. Section 41 of the Cr. P.C. empowers a general public to arrest a person who is found indulging or committing a cognizable, non-bailable offence. Besides, - 2 - there is no reason for the informant to falsely implicate the petitioner for a mere scuffle or dispute for some splace, inasmuch as, the police could not be influenced by him. The petition is dismissed. DKS/ (Dharnidhar Jha, J.)