JUDGMENT Holmwood, J. - The only order which ought to be passed at the present stage of the proceeding is that no bail should be called for from the person against whom proceedings under sec. 107 of the Code of Criminal Procedure are contemplated. The most that can be required of him is to furnish recognizance and that only in cases where there is any likelihood of the accused person absenting himself. In this case, any bail or recognizance for the purpose of detaining the accused persons at Darbhanga would appear to be wholly unnecessary inasmuch as the learned Magistrate himself said that the Petitioner had better go away from Darbhanga and he declined to do so. It does not also appear that any proceeding has been drawn up or issued against the Petitioner; at any rate, no copy of any such proceeding has come into the hands of the Petitioner or his learned Counsel; but it would appear, from the explanation furnished by the learned Magistrate, that whatever grounds there may be for taking proceedings against the Petitioner, Mewa Lal, are in respect of certain alleged acts of has in the town of Darbhanga and are not in any way connected with the acts alleged against the seven persons who have been called upon to furnish recognizance or show cause in respect of some apprehension of a breach of the peace at a place 60 miles distant from Darbhanga. If the Magistrate considered it necessary to take proceedings against Mewa Lal in respect of any act or omission of his at Darbhanga itself, an entirely separate proceeding upon separate evidence should have been drawn up and, if necessary, can be drawn up now. But it is hardly necessary for me at present to remark that it does not appear that Mewa Lal took any part in the acts for which proceedings have been taken against the seven men of Pergunnah Pedsi. With regard to the prayer for transfer, it does not seem to me that any ground has been made out for such order. The Petitioner not being involved, as far as I can see, in any proceeding at present, there is no sufficient ground for a transfer. He will be at liberty to apply for a transfer or any other relief that he may seek when any proceeding is taken against him.
The Petitioner not being involved, as far as I can see, in any proceeding at present, there is no sufficient ground for a transfer. He will be at liberty to apply for a transfer or any other relief that he may seek when any proceeding is taken against him. The most that I can say is that there is at present no valid proceeding against him. 2. The rule will so far be made alsolute that any order for bail or intermediate custody will be discharged. Further proceedings, if any, can only be taken in accordance with the directions in this order.