IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47877 of 2007 1. RAM NARAIN MISSIR son of Late Lachhmi Narain Missir, Village & P.O. Mangrahri, P.S. Shikarpur, Dist. West Champaran. Versus 1. STATE OF BIHAR 2. S.D.O. Narkatiyaganj, West Champaran 3.Vijay Kumar, son of late kapildeo Prasad village Mangrahri.P.O.,P.S. Shikarpur, Dist. West Champaran. ----------- 3 16.2.2009 Heard learned counsel for the petitioner and for O.P. nos. 1 and 2. No one appears on behalf of O.P. no.3 when the matter is called out despite having entered appearance. Assailing the order dated 3.8.2007 of attachment in exercise of power under section 146 (1) Cr.P.C. in a proceeding under section 145 Cr.P.C. passed by the S.D.O. Narkatiaganj in case No. 727M/2007 learned counsel for the petitioner submits that the Magistrate proceeded to attach the land on the basis of apprehension of breach of peace which was in excess of the statutory provision. The petitioner filed a petition for physical verification of the land under section 310 of the Cr.P.C. and then to pass orders for attachment, if necessary. Learned counsel for the State submits that the Magistrate has relied upon the report of the Block Development Officer. This court finds substance in the submission of the petitioner that apprehension of breach of peace is not one of the grounds on which land could be attached. The statutory provision limits it to cases of emergency and the court being unable to decide as to which of the parties were in possession or none of them were in possession. In absence of any specific finding on record of the statutory grounds for invocation of the power of attachment, this court finds it difficult to sustain the impugned - 2 - order. It is accordingly set aside. The application stands allowed. (Navin Sinha, J) Rahman/