RAJESH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Shri Krishna Prasad Singh, learned Senior Counsel for the petitioner and Shri Binod Kumar, learned Additional Public Prosecutor.

(2.) This is the peculiar case in which the petitioner, who was accused in an offence for committing dacoity in a Post Office, has come for quashing of an order of cognizance, which was passed long back on 26.4.2002. While assailing the order, the petitioner has brought on record some truncated order sheet of the court below.

(3.) Perusal of the said order sheet makes it clear that in the year 2008,. the learned court below had directed for issuance of non bailable warrant of arrest. Nothing has been asserted as to whether the petitioner has surrendered or not. It has further been pleaded that the petitioner though was put on T.I.Parade, was not identified by any of the witnesses. In the F.I.R., there is specific case of informant, who is none else but Sub Postmaster, Madhepura where dacoity was committed that accused persons had wrapped their faces and necks by Mufler.