M.P. Verma, J.

1. A proceeding under Section 107 of the Code of Criminal Procedure was started against Hasibuddin and 39 others by Sri J.N. Prasad, Magistrate, First Class, Kisanganj (Purnea), on 1st May, 1969, when he perused a report of the Officer-in-charge of Pothia police station, dated the 28th April, 1969, and the recommendation of the Circle Inspector of Thakurganj dated the 28th April, 1969. He called upon the petitioners in the court below to show cause as to why they should not execute bonds of Rs. 2,000/-, with two sureties of the like amount each, for keeping peace for a period of one year. The cause was to be shown by the 28th May, 1969.

The petitioners did not show cause, but preferred a criminal revision before the learned Sessions Judge of Purnea on 18th June, 1969. The learned Sessions Judge heard both the parties, namely, the petitioners before him and the State, and, by his ORDER :dated the 27th September, 1969, he referred the matter to this Court for quashing the ORDER :of the learned Magistrate.

The matter came up for hearing before a learned Single Judge of this Court (the Hon'ble Mr. Justice Shambhu Prasad Singh), who found that there was no consiste