AMAL CHANDRA BOSE Vs. STATE OF BIHAR

JUDGEMENT

(1.) CRIMINAL Miscellaneous No. 613 of 1972 arises out of an application under Section 561 -A of the Code of Criminal Procedure (hereinafter to be referred to as 'the Code') filed by Amal Chandra Bose and two others for setting aside the order dated the 22nd March, 1972 passed by the Sub -divisional Magistrate, Bhagalpur, rejecting the application of the petitioners for discharging them from bail bond and quashing the proceeding in case No. 23 (9) 67 which has been instituted against them on the basis of a first information report lodged by Sri Kailashpati Sharma, Sub -Inspector of Police, attached to Kotwali Police station on 13.9.1967 at 10 p.m.

(2.) CRIMINAL Writ Jurisdiction Case No. 2 of 1973 arises out of an application under Article 226 of the Constitution of India filed by the same petitioners for issue of a writ in the nature of mandamus directing the Officer -in -charge of Kotwali Police station. Bhagalpur not to proceed with the investigation of the above case No. 23 (9) 67 so far as these petitioners are concerned and quash the criminal proceeding pending against them before the Sub -divisional Magistrate. Bhagalpur, Since both these applications arise out of the same matter, these are considered together and this judgment will govern both these applications.

(3.) THE contention of the petitioners is that Ashok Transport Agency carries goods from one place to another in this State and also in West Bengal. The business of this agency is to carry goods consigned with them by the consignors in wooden box or gunny bags. These petitioners absolutely had no knowledge as to what goods are contained in the box or gunny bags consigned with them. The petitioners had applied for bail before the Sub -divisional Magistrate, Sadar, Bhagalpur but it was rejected. They had moved the Sessions Judge of Bhagalpur for bail but it Was also rejected. Thereafter, petitioner No. 1 came up before this Court for bail and his application was registered as Criminal Miscellaneous No. 1002 of 1967. It was heard by this Court on 24.10.1967 and the application for bail was kept pending with a direction that the matter should be placed before the Court after one month and in the meantime the investigation of the case was directed to be completed. The application for bail was again put up before this Court on 27.11.1967 and since no report was received as to whether the investigation of the case against the petitioners had been completed or not, this Court enlarged petitioner No. 1 on bail. Subsequently petitioner Nos. 2 and 3 also were enlarged on bail by this Court on 22.12.1967.