1. In this writ application petitioner has challenged the order dated 7.12.2007 passed by the learned Special Judge, Vigilance, Patna in Special Case No. 11 of 2001 (Vigilance P.S. Case No. 11 of 2001) by which while taking cognizance against the petitioner under different provisions of the Indian Penal Code non-bailable warrant of arrest has been ordered to be issued against the accused persons including the petitioner.

2. Referring to observations of the Apex Court in the case of Indra Mohan Goswami & Anr. V/s. State of Uttaranchalu & Ors. (AIR 2008 S.C 251) learned counsel for the petitioner submits that, it was improper for the court below to issue non- bailable warrant of arrest against the petitioner straightaway without issuing summons and taking other steps for his appearance in the case. He has particularly referred to following observations of the Apex Court:

When non-bailable warrants should be issued 52. Non-bailable warrant should be issued to bring a person to court when summons of bailable warrants would be unlikely to have the desired result. This could be when: it is reasonable to believe that the person will not voluntarily appear in the court; or

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