1. Heard learned counsel for the petitioner, the State and the counsel appearing for the informant.

2. Petitioner Krishna Murari Yadav, Mayor of Patna Municipal Corporation, named accused in Kotwali P.S. Case No. 292 of 2005, has filed this application for quashing the order dated 28.7.2005 and 4.8.2005, passed by the C.J.M., Patna in Kotwali P.S. Case No. 292 of 2005. By order dated 28.7.2005 the C.J.M. Patna has issued warrant of arrest under Section 73 of the Cr.P.C. against the petitioner and other accused persons, on an application filed by the Investigating Officer of the case. By order dated 4.8.2005 an order of proclamation has been passed under Section 82 of the Criminal Procedure Code (hereinafter to be referred to as the Cr. P.C.). The petitioner has challenged both these orders on the ground that the orders have been passed in violation of the settled law as well as against Rule 236 of the Civil Court Rules, Rules 118, 288 and 289 of the Bihar Police Manual, and mandatory provisions under the Criminal Procedure Code.

3. Facts of the case are that one Naresh Kumar Yadav gave his Fardbeyan before the police on 25.7.2005 on the same day at about 3 P.M. he got a telephonic message regarding an attack made by unknown criminals in the office of the Bihar State Water Board. The criminals exploded bomb in which his brother Ashok Kumar Yadav, the Chairman of the Bihar State Water Board and others have sustained injuries. Receiving this information he rushed to the place of occurrence and found that his brother has already succumbed to the bomb injury. He came to know from the information collected at the spot that while meeting of the Board was going on, four unknown miscreants youth aged about 20-30 years came on a motorcycle near the office of the Board. Two persons entered into the Chairmans office and directly hurled bomb on Ashok Kumar Yadav who succumbed to the injury. Other persons also sustained injuries. Thereafter miscreants fled away. Informant suspected the hands of Krishna Murari Yadav, the Mayor of Patna Municipal Corporation, Ravindra Kumar, Chief Engineer, Water Board, Sanjay Kumar, the Chairman of the District Board, Patna and the Chief Executive Officer of the Patna Municipal Corporation namely Upendra Sharma. The suspicion has been raised as Ashok Kumar Yadav (deceased) had filed a Public Interest Litigation regarding embezzlement of 14 crores rupees and on the direction of the High Court it was being investigated by the Vigilance Department. In the P.I.L. Ashok Kumar Yadav has made allegations against the Mayor, Krishna Murari Yadav. The deceased was also managing the councilors for removal of the Mayor. Ashok Kumar Yadav had disclosed his apprehension before the informant, his brother regarding the threat enhanced by the accused persons. On the basis of this fardbeyan Kotwali P.S. Case No. 292 of 2005 was instituted on 25.7.2005 for offence under sections 302, 307, 324, 120B/ 34 of the Indian Penal Code and 3/4 of the Explosive Substance Act and the investigation of the case started.

4. Counsel for the petitioner has submitted that the petitioner when came to know about his implication in this case, filed an application for anticipatory bail under Sectior, 438 Cr.P.C. being A.B.P. No. 2344 of 2005 before the Sessions Judge, Patna in which the Sessions has been pleased to call for the case diary and the same is pending. Counsel for the petitioner has submitted that the police case was registered on 25.7.2005 and just after three days on 28.7.2005 the Investigating Officer of the case has filed a petition before the Chief Judicial Magistrate, Patna for issuance of warrant of arrest against all the three accused persons including the petitioner. The C.J.M. passed an order for issuance of warrant of arrest in the margin of the petition itself which shows his total non-application of mind and thereafter another petition was filed by the Investigating Officer of the case on 3.8.2005 requesting therein