IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9165 of 2010 1. MANOJ KUMAR MANDAL son of Late Ramswarup Mandal 2. Prakash Sharma son of late Banarasi Sharma 3. Kulo Mandal son of Jageshwar Mandal Resident of village- Maskipur Kothi P.S. Gogari Jamalpur District Khagaria. … Petitioners. Versus 1. STATE OF BIHAR 2. Radhey Sah son of late Janki Sah Resident of village- Maskipur Kothi P.S. Gogari Jamalpur District Khagaria. … Opposite parties. ----------- 2. 18.05.2010 Heard counsel for the petitioner and counsel for the State. The petitioner is aggrieved by order dated 1.2.2010 whereby and whereunder he has been directed to execute an interim bond on the ground that an earlier interparte order under Section 113 of the Code of Criminal Procedure is sought to be flouted and/or disobeyed by him. Counsel for the petitioner submits that there is no such interparte order under Section 133, reference whereof has been made in the impugned order dated 1.2.2010. In that view of the matter, the Sub-divisional Magistrate, Gogari is directed to look into the aforementioned aspect of the matter and if he finds that 2 there is no such interparte order under section 133 which was capable of being violated and/or obstructed by the petitioner, he would recall the said order and decide the matter finally and happen there be as referred to in the impugned order, the same would be undisturbed. In order to expedite the matter, the petitioner is directed to appear before the Subdivisonal Magistrate, Gogari on Ist of June 2010 along with a copy of this order, whereafter the learned Magistrate will pass an appropriate order. With the aforementioned observation and direction, this application is disposed of. Kanchan (Mihir Kumar Jha, J.)