BUJHAWAN THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONERS , namely, Bujhawan Thakur as well as Rameshwar Thakur who have been found guilty for an offence punishable under Section 406 of the Indian Penal Code and released on bond of Rs.1000/ to be effective for a year whereunder directed to maintain peace and public tranquility by Shri Saroj Kumar Srivastava, 1st Class, Judicial Magistrate, Patna in G.R. No.5549 of 1989 vide judgment dated 06.12.1994 as well as the judgment dated 04.07.1998 passed by IXth Additional Sessions Judge, Patna in Cr. Appeal No.227 of 1994 dismissing the same have challenged the successive judgments under present revision petition.

(2.) IT is apparent from the record that vide order dated 10 09 1998 the petition was dismissed against which Cr. Appeal No.1061 of 1999 was preferred before the Hon'ble Apex Court which was decided on 08.10.1999 remanding the matter after setting aside the order dated 10.09.1998 directing the High Court to reappraise as well as reevaluate the evidence and on account thereof, full fledge argument has been heard on behalf of respective parties. Here it is worth mention to note that without having stay granted at any occasion, the petitioners failed to execute the bond in pursuance of judgment dated 06.12.1994 passed by the learned trial court.

(3.) ON the basis thereof, Budha Colony P.S. Case No. 211 of 1989 was registered under Section 406 of the of the Indian Penal Code whereupon investigation commenced and concluded by way of submission of charge sheet ultimately leading to trial meeting with ultimate result subsequently which happens to be the subject matter of instant revision.