Decided on February 27,1952

STATE OF BIHAR Respondents


Das, J. - (1.) These are three applications on behalf of nine persons for quashing an order of commitment made against them by Mr. S. N. Prasad, Sub-judge-Magistrate exercising first class powers at Patna. The applications are made on behalf of three sets of persons. The application in Criminal Miscellaneous No. 185 of 1951 is on behalf of one Sheonarayan Jais-wal, Proprietor of a distillery known as Man-katha Distillery. The application in Criminal Revision No. 490 of 1951 is on behalf of six railway employees serving at different stations in the system of railway known as O. T. Railway. The third application (Criminal Revision No. 491 of 1951) is on behalf of two persons named Khan Bahadur Habibur Rahman and his son Fidaur Rahman, said to be proprietors of any other distillery known as Sultanganj Distillery. The learned Sub-Judge-Magistrate by his order dated 10-1-1951, committed the aforesaid petitioners to stand their trial in the Court of Session on various charges.
(2.) The two charges framed against the proprietors of the distilleries are under Section 120B read with Section 409, and Section 420, Penal Code. The three charges against the railway employees are under Section 120B read with Section 409, Section 161. Penal Code, and Section 5, Sub-section (2), Prevention of Corruption Act, 1947 (Act 2 of 1947).
(3.) Two other persons named A. P. Varma and Bhan Chandra were also committed by the learned Magistrate by his order of the said date. Mr. Bhan Chandra was an Excise Superintendent, who, in. 1947-48, was employed in the office of the Commissioner of Excise, one of his duties being to regulate the issue of permits for the purchase and transportation of molasses from sugar factories in North Bihar. The other man, A. P. Varma, was then Head Clerk in that office. These two persons had earlier made applications to this Court for quashing the commitment order against them. Those applications (Criminal Misc. Nos. 62 and 63 of 1951) were heard by a Bench of two Judges and by an order dated 24-4-1951, the order of commitment against them was quashed.;

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