RAMBALAK PANDIT Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This application is directed against the order dated 30.9.1982 passed in G.R. Case No. 419 of 1973 by which an order has been passed for issue of distress warrant against the petitioner for realisation of the bail amount of Rs. 5000/ - as the petitioner stood as a bailor for an accused involved in a case under Ss. 279 and 337 of the Indian Penal Code. It appears that there arose a case being Barauni P.S. Case No. 15(3)73 for the offences under Ss. 279 and 337 of the Indian Penal Code against one Ramchaliter Dubia. He was released on bail by the police on furnishing a bail bond of Rs. 5000/ - and the petitioner stood as a bailor. After investigation chargesheet had been submitted and cognizance was taken of the offence and processes had been issued against the accused. When the processes were issued against the accused, he did not appear before the trial court and thus a notice was issued to the petitioner who had appeared and had filed a show cause. After hearing the show cause, the Magistrate came to the conclusion that the show cause was not satisfactory and had forfeited the amount of bail bond and further had asked the petitioner to show cause as to why the amount of bail bond amounting to Rs. 5000/ - be not realised from him. The petitioner had filed show cause and after hearing the impugned order has been passed for realisation of the amount.

(2.) Thereafter, the petitioner had filed an appeal before the learned Sessions Judge, Begusarai, and the appeal has been dismissed.

(3.) The only point raised on behalf of the petitioner by the learned counsel is that since the bail bond had been executed before the police, it is not permissible in law to enforce the same by the trial court and consequently the order for realisation of the amount is not legal.