FAZAL SHEIK Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal revision arises out of an order dated the 19th February, 1969 of Sari D. N. Singh, Magistrate, First Class, Pakur by which the petitioner has been ordered to execute a bond of Rs. 5,000/- with two sureties of Rs. 5,000/- each, to be of good behaviour for a period of two years under section' 158 of the Code of Criminal Procedure, 1898 (hereinafter referred to as 'the Code').

(2.) On the report of the officer-in-charge of Maheshpur police station in the district of Santal Parganas, the Sub-divisional Officer, Pakur, started a proceeding against the petitioner under section 110 of the Code and asked him to show cause why he should not be ordered to execute a bond of Rs. 5,000/- with two sureties of the like for maintaining good behaviour for a period of three years. The main allegations in the police report were that the petitioner was so desperate and dangerous that it would be hazardous to the community to keep him at large without security, inasmuch as he was in the habit of harassing people and involving them in cases as also in other ways. He used to support men of bad character who were members of his gang and was himself involved in several criminal cases.

(3.) On a show cause notice being issued to the petitioner, he showed cause denying the allegations against him.