IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47268 of 2008 BAGHU BAITHA, Son of Late Sokhi Baitha, Resident of Village- Bhangaha, P.S.- Falka, District- Katihar. :---- Petitioner. Versus STATE OF BIHAR:------Opposite Party ----------- 2. 03.12.2008. For the reasons indicated in the restoration application Cr. Misc. No. 11037 of 2008 is restored to its original file. Restoration application is, accordingly, disposed of and the matter is taken up for admission. Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with a case registered for the offence under Sections 302 and 201 read with Section 34 of the Penal Code against unknown. He has been implicated in this case in the further statement of the informant as the one who had threatened the father of the informant, the deceased, four days prior to the occurrence and on that basis he is made suspect in the further statement of the informant. Witnesses also supported the allegation that petitioner had threatened the father of the informant, deceased, four days prior to the occurrence. Counsel for the petitioner, however, submits that notwithstanding the implication of the petitioner in the further statement of the informant as also in the statement of other witnesses the warrant of arrest and processes under Section 82 and 83 Cr.P.C. were issued against him after nine years of the lodging of the case and no sooner he learnt about the warrant of arrest and the processes issued against him he applied for grant of bail in the event of arrest which prayer was refused under impugned orders - 2 - dated 18.12.2007. Counsel for the petitioner categorically submitted that warrant of arrest and the processes were issued against the petitioner by the court below in the year 2007 and not prior thereto. Let the petitioner, namely, Baghu Baitha surrender in the court below within four weeks from today and if it is a fact that the warrant of arrest and processes against him have been issued in the year 2007 then he be admitted to the privilege of bail on furnishing bail bond of Rs. 5000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Purnia in connection with Bhawanipur P.S.Case No. 109 of 1998, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and if the said submission is not correct then the court below shall pass appropriate orders in accordance with law. Let this order be communicated to the court below through fax on payment of usual charges by the petitioner. P.K.P. (V.N.Sinha,J.)