RANG LAL MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application in revision has been filed by the members of the second party in a proceeding under Section 107 of the Code of Criminal Procedure, 1973 and is directed against the final order passed by the Executive Magistrate, Sasaram dated 21-4-1976. By this order the learned Executive Magistrate held that serious troubles existed between the parties who were at daggers drawn with each other and there was every likelihood of breach of the peace between them. Accordingly, he ordered to all the nine members of the second party, namely, the petitioners to execute bonds of Rs. 2,000.00 each with two sureties of the like amount each under Section 107 of the code for keeping the peace for a period of twelve months.

(2.) An appeal was taken by the petitioners against the said order but the learned 3rd Additional Sessions Judge, Arrah, by his order dated 17-9-1976 dismissed the same. The petitioners have, accordingly, come to this court in revision.

(3.) I may now state the relevant facts in brief. The learned Sub-Divisional Magistrate drew up the proceeding under Section 107 of the Code of Criminal Procedure on the basis of a police report on 6-9-1975 and directed both the parties to show cause as to why they should not be called upon to execute bonds of Rs. 2,000.00for a period of one year for keeping the peace. Cause was shown by the petitioners and, thereafter, the case was transferred to the court of an Executive Magistrate, where three witnesses were examined on behalf of the first party, who closed their case on 28-3-1976. He then directed the petitioners to produce their witnesses from the next day. The petitioners' case is that in the short time that was allowed to them they could not produce any witness. The learned Executive Magistrate, therefore, on the basis of evidence adduced on behalf of the members of the first party, passed the final order on 21-4-1976 as already indicated above.