IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.53796 of 2007 UMESH PRASAD SINGH @ UMESH RAI, S/o Asseshwar Singh, R/o Ram Prasad Chowk, Near Gandak Colony, P.S. Raja Pakar, District - Vaishali ….. Petitioner Versus 1. THE STATE OF BIHAR 2. The S.D.O., Mahua, District Vaishali …. Opp. Parties. ----------- For the petitioner : Mr. Subodh Prasad, Advocate For the State : Mr. Nawal Kishore Prasad, A.P.P. ------- 2 17.2.2009 The petitioner who happen to be one of the members of the second party in a proceeding under section 107 Cr.P.C. proceeding being Case No. 1702 of 2007, wherein the learned Sub Divisional Officer, Mahua has directed them to execute a bond under section 107 Cr.P.C. for keeping the peace. It has been submitted on behalf of the petitioner that a criminal case, being Raja Pakar P.S. Case No. 138 of 2007 under sections 147, 148, 307, 302 and 323 IPC, has already been registered in connection with the incident of murder and in that view of the matter the learned Sub Divisional Officer could not have passed any order under section 107 Cr.P.C. for maintaining the peace in the area. The proceeding under section 107 Cr.P.C. was initiated on the recommendation of the A.S.I. of Rajapakar P.S. alleging inter alia that in view of the murder having taken place, there was likely apprehension of breach of peace at the hands of the members of the second party and a recommendation in that regard was made on the basis whereof the learned Sub Divisional Officer, Mahua, drew up - 2 - the aforesaid proceeding and passed the impugned order. So far as Rajapakar P.S. Case No. 138 of 2007 is concerned, it is in respect of the murder of an alleged thief having been caught red handed was beaten to death. So far as the instant case under section 107 Cr.P.C. is concerned, it relates to the presumptive apprehension that a breach of peace is likely to be caused by the members of the second party resultant of the aforesaid death. The two cases are different in nature and have no connection with each other. Whereas Rajapakar P.S. Case No. 138 of 2007 is in respect of the commission of offences under section 307, 302 and other minor sections of the Penal Code, the instant case is in respect of preventing an apprehended breach of peace in the area arising therefrom. In that view of the matter I find no merit in this application which is dismissed. Spd/- (Abhijit Sinha, J.)