DINA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Criminal Miscellaneous No. 153 of 1978 was filed by the petitioners (21 in number) for quashing a proceeding under section 10; of the Code of Criminal Procedure, 1973 (hereinafter called "the New Code") and also for quashing an order passed under sub-section (3) of section 116 of the New Code requiring the petitioners to execute interim bonds during the pendency of the proceeding. At the time of admission on 19.1.1978 the case was admitted in respect of only the execution of the interim bonds and the operation thereof was stayed. The aforesaid petitioners as also one Ram Gulam Kumar, therefore, filed Criminal Miscellaneous No. 667 of 1978 for quashing the proceeding under section 107 of the New Code again on 7.2.1978 which was admitted on 8.3.1978 and further proceedings in the court below were stayed pending disposal of the application. Both these cases were ordered to be heard together on 21.11.1978.

(2.) The case relates to Balia Police Station of the district of Begusarai. Balia P. S. Case No. 8 (10) 77 has been instituted in which the allegation was that petitioners 1 to 7 and 9 to 11 of Criminal Miscellaneous No. 153 of 1978 had relieved one Kamo Singh of his money. On 14.10.1977 Chowkidar Lakhan Paswan lodged a station diary entry no. 264 to say that the petitioners (party of Dina Kumar) on the one hand and the party of Kamo Singh, on the other hand were variously armed and were ready for a clash. On that very day he submitted a report to the Subdivisional Officer in which he also made a reference of the earlier case 8.10.78 and requested for action under section 107 of the New Code against both the parties. In the report he also said that the members of the 2nd party (namely the petitioners here) had unlicensed arms and they could commit murder of any person at any time. It was also said therein that one Sachchidanand Kumar who had recently been released from jail after serving some sentence was also in the party. On 20 10.197 7 the Subdivisional Magistrate, Begusarai, drew up a proceeding under section 107 of the New Code asainst both the parties asking them to appear and show cause as to why they should not execute bonds of Rs. 2,000 each, with two sureties of the like amount each, for keeping peace for a period of one year.

(3.) The petitioners appeared in the case and showed cause on 26.11.1977. The initiation of this proceeding has baen challenged on certain grounds which will be discussed later on. Cr. Misc. 153/78 :