BHAJAN RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for quashing an order dated 24-4-1979 passed by the learned Executive Magistrate in a proceeding under Section 107 of the Code of Criminal Procedure (for short the Code) as well as the order dated 31-1-1981 passed by the learned Sessions Judge, Muzaffarpur by which he has dismissed the appeal of the petitioner and affirmed the aforesaid order of the Executive Magistrate with certain modification.

(2.) The learned Executive Magistrate by the Impugned, dated 24-4-1979 directed the petitioners to executed bond of Rs. 1,000/- with two sureties of the like amount each to keep peace for a period of one year failing which they will have to undergo simple imprisonment of six months.

(3.) On appeal, the learned Sessions Judge affirmed the aforesaid order with modification to effect that the punishment to undergo simple imprisonment for six months in default has no legal basis and he set-aside that part of the impugned order.