D.N.UPADHYAY, J. - (1.) HEARD the learned counsel for the petitioner and the learned counsel for the State.
(2.) This is an application for grant of anticipatory bail filed by the petitioner in connection with Meral PS case No. 145 of 2008 for offences registered under sections 341/323/506/307/34 IPC which is pending before Civil Judge (Junior Division) IV, Garhwa. There is allegation in the FIR that accused persons restrained the informant and caused assault to him by means of lathi.
(3.) IT is submitted that that during investigation, the petitioner appeared before the investigating officer and he has been granted bail by the Police. At the conclusion of the investigation, charge sheet was submitted under sections 341/323/504/325 IPC but he learned CJM considering the materials in the case diary took cognizance against the petitioner and two named accused for offences punishable under sections 341/323/506/307/34 IPC and directed issuance of warrant of arrest (non -bailable) against the petitioners and others on 7.1.2009. It is submitted that the petitioner was previously on bail and therefore warrant of arrest (non bailable) should not have been issued on the date of taking cognizance, rather, summons was required to be issued. Only because cognizance for non bailable offences was taken, non bailable warrant of arrest cannot be issued.;