IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.10382 of 2010 SONU KUMAR @ SONU KUMAR RAI, son of Shri Lal Das Rai, Resident of Mohalla- Mirganj Banstal, P.S- Ara Town in the district of Bhojpur ….Petitioner Versus THE STATE OF BIHAR …OP ----------- 2/ 07.12.2010 Heard the parties. The petitioner has sought quashing of the order dated 19.2.2010 passed by the Chief Judicial Magistrate, Bhojpur, Ara, in Shahpur P.S. case no.247 of 2008, by which he has taken cognizance under section 307 and other allied sections of the Indian Penal Code and also under the provisions of the Arms Act. It has been submitted that the petitioner was not named in the First Information Report but since one of the motor cycle which was seized by the police at the place of occurrence at one time belonged to the petitioner, he apprehending his arrest moved for anticipatory bail and the same was allowed by the court below itself. At the end of the investigation, the police submitted chargesheet but did not name the petitioner since he was not even remotely connected with the present occurrence. Unfortunately, the order dated 19.2.2010 only mentions that the petitioner had surrendered and was granted bail but does not expressly notice the petitioner’s complicity and cognizance was taken in his regard as well. In view of such, the order dated 19.2.2010 passed by the Chief Judicial Magistrate, Bhojpur, Ara, in Shahpur P.S. case no.247 of 2008 is hereby set aside and the matter is remanded to the Chief Judicial Magistrate, Ara, to consider the materials collected during - 2 - investigation and finally opine as to whether the petitioner also needs to be proceeded against in the present case. With the aforesaid observation/direction, the application is disposed of. JA/- (Anjana Prakash, J.)