Sanjay Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18235 of 2016 Arising Out of PS.Case No. -311 Year- 2016 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ======================================================

1. Sanjay Kumar Sinha S/o Late Ayodhya Prasad @ Umesh Kumar Sinha, R/o Mohalla- Lashkariganj, (Khota- Toli), Ward No.-19 of Sasaram, Distt.- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Chakravarti Singh For the Opposite Party/s : Mr. Veena Kumari Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-04-2016 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 188/34 and 353 of the Indian Penal Code.

The prosecution case is that Manish Kumar, Executive Magistrate, Nagar parishad, Sasaram alleged that the petitioner was making illegal construction in Ward No. 19 for which notice was issued to stop the illegal construction. On 28.2.2016 on the order of the Executive Officer, Town Manager Sri Avinash Kumar and Tax Collector Prakash Kumar with police force went to stop the

Patna High Court Cr.Misc. No.18235 of 2016 (2) dt.28-04-2016 2/3 construction work but the petitioner and others obstructed in discharge of official duty.

It is submitted by the learned counsel for the petitioner that the petitioner was constructing boundary wall on his land and necessary informant was given to the Nagar Parishad authorities. The petitioner will not make any construction without the approval of the Nagar parishad authorities. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Sasaram in connection with Sasaram (T) P.S. Case No.311 of 2016 subject to the conditions as laid down under Section 438(2) Cr.P.C.

The bail bonds of the petitioner will be accepted on filing of an affidavit by the petitioner before the learned court below that he will not make any construction without approval of Nagar Parishad authorities. The said

Patna High Court Cr.Misc. No.18235 of 2016 (2) dt.28-04-2016 3/3 affidavit will be transmitted by the learned court below to the concerned Nagar Parishad authorities.

(Dinesh Kumar Singh, J) Anil/- U T