BITTU SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has filed this writ application for quashing the order, passed under exercise of power conferred under Sec. 3(3) of Bihar Control of Crimes Act, 1981, (hereinafter referred to as the Act ) by the District Magistrate, Kaimur (Bhabhua) contained in Memo No. 2700/Legal dated 30.09.2015, in Bihar Control of Crimes Act Case No. 07/2015-16(Annexure-3), by which he had been directed with immediate to appear daily, in Aghaura Police Station with immediate effect and remain physically present there upto 5.00 P.M. everyday till 09.11.2015 with further directions, to record the minimum travelling distance of train and bus route, in the attendance register, and also to provide his Mobile Number as to trace his location, and to furnish bond of Rs. One Lac with surety bond of equal amount in Form-IV, in terms of Sec. 7(b) of the Bihar Control of Crimes Act.

(2.) In short, case of the petitioner is that he is a man of repute and has been elected Chairman of Mujan Primary Agriculture Credit Society (PACS) since the year 2009. The petitioner contends that he is not an anti-social element, but has been wrongly implicated in two criminal cases i.e., Mohania P.S. Case No. 172 dated 07.06.2012, registered under Sec. (s), 147, 148, 149, 448, 323, 307, 386, 504 and 506 of the Indian Penal Code and also under Sec. 27 of the Arms Act, in which bail has already been granted vide order dated 14.06.2012 by the learned Sessions Judge, Kaimur at Bhabhua in Bail Petition No. 343/2012 and another case being Mohania P.S. Case No. 173 dated 07.06.2012, registered under Sections 25(1-b) a/26/35 of the Arms Act, in which also, bail has been granted to the petitioner vide order dated 29.06.2012 passed by the learned Sessions Judge, Kaimur at Bhabhua in Bail Petition No. 345/2012, and except for above mentioned two cases, petitioner is not accused in any other case. The petitioner also contends that the impugned order is actuated by malafides, having intention to prevent the petitioner from supporting the candidate of his choice in the Bihar Vidhan Sabha Election, 2015 and the order of furnishing bond of Rs. One Lac is very unreasonable and unfounded and the direction, to make his physical appearance recorded at Aghaura Police Station and stay there till 5.00 P.M. every day, which is about 85 K.M. away from the residence of the petitioner, is unreasonable also. It has been also contended that the order under challenge does not refer any criminal case against the petitioner but mere registration of two criminal cases does not bring the petitioner within the purview of anti-social element as defined in Sec. 2(d) (i) of the Act and the order impugned is unwarranted and illegal.

(3.) A counter-affidavit has been field on behalf of the Respondent Nos. 3, 5, 6 and 8, contending therein that the petitioner is named and charge sheeted accused in Mohania P.S. Case No. 172/2012 dated 07.06.2012 and Mohania P.S. Case No. 173/2012 dated 07.06.2012, and Mohania Police Station Diary Entry No. 252 dated 09.09.2015, being registered against the petitioner on the report of S.H.O., Mohania. It is also contended by the said respondents that the petitioner is an anti-social element and he is accused for the offence of Sec. 386 of the Indian Penal Code and for the offences of Arms Act, thus, there are sufficient grounds for initiation of proceeding under Sec. 3(3) of the Act and the proceedings against the petitioner was initiated on the basis of the report of the Mohania Police, as the petitioner could be prevented from threatening the general voters and committing crimes. The next contention is that Aghaura Police Station is properly connected with the District Headquarter as well as Mohania Police Station, so it is/was not difficult for the petitioner to appear daily in the Aghaura Police Station.