JITENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned AC to SC-8 at length.

(2.) In course of argument, learned counsel for the petitioners submits that neither in the order dated 29.03.2019 nor in the order dated 07.01.2020, the learned Special Judge, Excise, Saran has recorded any reason for allowing the application for issuance of warrant of arrest, as also the process under Section 82 Cr.P.C. filed by the Investigating Officer in Avtarnagar P.S. Case No. 135/2017.

(3.) Learned counsel submits that the orders impugned being wholly without reasons are liable to be set- aside. In this connection, learned counsel has relied upon Sections 73 and 82 of the Code of Criminal Procedure. In his submission, unless a person such as present petitioners are said to be evading arrest, only because they are an accused in a non-bailable offence, in terms of Section 73 of the Cr.P.C., the learned Special Judge, Excise, was not justified in issuing a warrant of arrest.