IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25221 of 2007 1. RAM KUMAR RAM, son of Late Yamuna Ram 2. Jag Narayan Ram, son of late Kedar Ram 3. Gama Ram, son of late Vishwanath Ram 4. Bhola Ram, son of late Madho Ram 5. Shambhu Ram, son of late Mush Ram 6. Budha Ram, son of late Amawash Ram 7. Bans Ropa Ram, son of late Naresh Ram 8. Bhikhari Ram, son of late Naresh Ram 9. Bhikhari Koiree, son of late Deo Govind Koiree 10. Ishar Koiree, son of late Hari Nath Koiree 11. Raja Ram Singh (Koiree), son of late Deo Govind Koiree 12. Subhash Koiree, son of Sri Butai Koiree @ Butai Singh 13. Jay Kishun Kohar, son of late Saheb Kohar 14. Gudi Kohar, son of late Saheb Kohar 15. Ramjee Koiree, son of Sheo Jogi Koiree All resident of village Satohari, P.O. Diwan Ka Barka Gaon, P.S. Sikraul, District Buxar 16. Harihar Chaudhary, son of late Surya Nath Chaudhary, resident of village Narhandi, P.O. Diwan Ka Barka Gaon, P.S. Sikraul, District Buxar 17. Kamal Yadav, son of late Dhanraj Yadav 18. Munshi Noniya, son of late Ram Subhag Noniya 19. Raja Noniya, son of late Ram Swaroop Noniya Nos. 17 to 19 resident of village Narhandi, P.O. Diwan Ka Barka Gaon, P.S. Sikraul, District Buxar 20. Basudeo Yadav, son of late Bachu Yadav, resident of village Satohari, P.O. Diwan Ka Barka Gaon, P.S. Sikraul, District Buxar 21. Krishna Singh, son of Sri Charitar Singh, resident of village Satohari, P.O. Diwan Ka Gaon, P.S. Sikraul, District Buxar 22. Sheo Baran Tiwary, son of late Bhola Tiwary, resident of village Satohari, P.O. Diwan Ka Barka Gaon, P.S. Sikraul, District Buxar … Petitioners Versus 1. THE STATE OF BIHAR 2. Ram Deo Mahto, son of Ujain Mahto, Resident of village Chandi Tola, P.O. Diwan Ka Barka Gaon, P.S. Sikraul, District Buxar 3. Suga Munni Devi, wife of Mali Yadav 4. Ramuni Devi, wife of Naradji Yadav 2 5. Baliram Yadav, son of Bhuneshwar Yadav 6. Manturni Devi, wife of Ganesh Yadav 7. Ram Deo Singh, son of late Ram Ujain Singh 8. Sri Niwas Singh, son of Ram Ganesh Singh 9. Dadan Singh, son of Guru Charan Singh 10. Ram Nath Yadav, son of Ghamandi Yadav 11. Laxman Yadav, son of Bishwanath Yadav 12. Sadhu Yadav, son of Ghamandi Yadav 13. Shatrughan Yadav, son of Bhuneshwar Yadav 14. Paras Yadav, son of Hari Narain Yadav All resident of village Narhandi, P.O. Diwan Ka Barka Gaon, P.S. Sikraul, District Buxar … Opp.Parties. ----------- 8. 4.2.2010 Heard Mr. Damodar Prasad Tiwary, learned counsel for the petitioners and Mr. Ram Suresh Roy, learned Senior counsel for the opposite parties. In this application an order dated 18.11.2006 under section 146(1) of the Code of Criminal Procedure, attaching the land in question of the petitioners assailed on various grounds, has already remained in force for a period of more than three years. The only submission of the learned counsel for the petitioners that such order was passed without there being any apprehension of breach of peace or breaking of the heads has to be only noted for its being rejected, inasmuch as the satisfaction of the court below is based on a police report has been clearly recorded in the following words:- ^^bl o"kZ Hkh fookfnr Hkqfe ij /kku dk Qly yxk gSa ftlds laca/k esa nksuksa i{kksa }kjk viuk viuk nkok 3 izLrqr fd;k tk jgk gSA tkap ds nkSjku ;g ckr izdk'k es vk jgh gS fd nksuksa gh i{kksa ds yksx Qly dkVus dh rS;kjh dj jgsa gSA izFke i{k ds yksx ,e0lh0lh0 mxzoknh laxBu ls lg;ksax ysrs gSa ,oa Lo;a ,e0lh0lh0 ds lnL; gSA f}rh; i{k ds yksxksa dks lekt ds vU; oxksZ dk lg;ksx ,oa leFkZu izkIr gSA lEHko gS ;fn nksuksa i{k esa ls dksbZ ,d i{k Qly dkVus ds fy, tkrk gS rks nqljk i{k mldk fdlh Hkh lhek rd izfrjks/k djsxkA ,slh fLFkfr esa Hkh"k.k ?kVuk ?kVus dh lEHkkouk izcy gSA tks fof/k O;oLFkk ds fy, ?kkrd gSA** In view of the aforesaid reasons given by the learned Magistrate in an even otherwise speaking impugned it cannot be held that there was no apprehension of breach of peace or the ingredient for exercising power under Section 146(1) Cr.P.C. were absent. As a matter of fact this Court would also find that 145 Cr.P.C. proceeding has been initiated in the year 2005 and for a period of almost five years only a window dressing or dress rehearsal is going around. If the parties including the petitioners could have been really sincere the 145 Cr.P.C. proceeding could itself have been disposed of by now but then Mr. Tiwary has himself 4 taken a plea that at present some application under section 45(b) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act is pending before the Revenue Minister and therefore, the petitioners are awaiting decision of such proceeding. If such be the attitude of the petitioners themselves, this Court would leave the matter over there but then if the petitioners at any point of time would approach the court below for deciding the proceeding expeditiously, the court below till take all possible steps to see that hearing of this old proceeding of five years as of now is expedited and disposed of at an early date. With the aforementioned observation, this application is dismissed. (Mihir Kumar Jha,J.) Surendra/