KESHAV NARAIN CHOUDHARY Vs. STATE

JUDGEMENT

(1.) This application has been referred to a Division Bench, as its decision involves questions of some importance.

(2.) The facts are simple. On the 6th June, 1952, the Sub-Inspector of Gopalpur Police Station reported for action under Section 107 of the Code of Criminal Procedure against some persons of the first party as also against petitioners 1 to 13 as the second party. On the next day, the Subdivisional Magistrate of Bhagalpur drew up proceedings, accordingly. We are concerned in this application with petitioners 1 to 13 who were members of the second party. Bailable warrants of arrest were issued for the appearance of these petitioners before him on the 26th June, 1952. These warrants are said to have been served upon these petitioners, and were returned on the 17th June, 1952. At this stage, it should be stated that petitioner No. 14, Janardan Prasad Choudhary, executed a bond standing as surety for the production of four out of petitioners 1 to 13 in the Court of the Magistrate on the 26th June, 1952, and he stated in this bond that "If I fail to produce them I shall pay to the Government rupees one thousand for each accused as fine". Upon this bond, those four petitioners also put their signatures, presumably, by way of attestation.

(3.) Petitioners 1 to 13, however, did not appear before the Magistrate on the 26th June, 1952, as required. The Sub-divisional Magistrate, accordingly, took proceedings under Section 514, Criminal Procedure Code, for the forfeiture of the bonds. All the fourteen petitioners showed cause before the Magistrate, which was not accepted as satisfactory. The bond executed by petitioner No. 14, Janardan Prasad Choudhary, the bailor for four of the other petitioners, was ordered to be forfeited, and he was ordered to pay a penalty of Rs. 200.00 in respect of each of the four persons for whom he had stood surety. The other thirteen petitioners, against whom bailable warrants of arrest had been issued, were also ordered to pay a penalty of Rs. 200.00 each for having failed to appear in Court on the date fixed.