IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32686 of 2008 Nawin Chandra Choudahry, Son of late Baldeo Choudhary, Resident of Anand Colony, Behind Khadi Bhandar, P.O. and PS Banka, District Banka ---- Petitioner Versus 1. The State Of Bihar. 2. Dilip Mandal, Son of late Hari Mandal. 3. Mantu Prasad Yadav, Son of Ramchu Yadav. 4. Kutai Sah, Son of Bhottiri Sah. 5. Kedar Pandit, Son of Mangal Pandit. 6. Manoj Sah, Son of Chhuni Sah. 7. Nageshwar Sah, son of Sukhdeo Sah. 8. Niranjan Yadav, Son of Makeshwar Yadav. 9. Juti @ Jutiya Yadav, Son of Ajab Yadav. 10. Rakesh Sah, Son of Bhum Sah. 11. Sitaram Sah, Son of Somu Mandal. 12. Saki Chand Sah, Son of Matten Sah. All are residents of village Teliya, PS Banka, District Banka ---- Opposite Parties. ----------- 2 1.7.2011 This application has been filed against the order dated 8.7.2008 passed by the Executive Magistrate, Banka in Misc. Case No. 1265 of 1997. Apparently a proceeding under Section 146(1) was initiated and the subject matter of Case No. 1265 of 1997 arising out of a 145 proceeding were the subject matter of the 146(1) proceeding. An application was filed on behalf of the opposite parties in this case as there is no apprehension of breach of peace and as such the lands should be released from 146(1) proceeding. The order relates to the year 2008, as such, this Court finds no reason to interfere with 2 the order impugned releasing the land, as if, there was any further apprehension of breach of peace, the parties would have by now moved the Court below for appropriate steps. This application is disposed of with the aforesaid observation. Sanjay ( Sheema Ali Khan, J.)