Sanjay Kumar Sinha @ Sanjay Kumar Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38789 of 2018 Arising Out of PS.Case No. -217 Year- 2018 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. SANJAY KUMAR SINHA @ SANJAY KUMAR SINGH, S/o Late Jain Narayan Pd. Sinha, R/o Mohalla- Jogsar, District- Bhagalpur.

2. Pramod Lal @ Pramod Kumar Lal S/o Late Manik Lal, R/o Vill.- Naya Tola, P.S.- Ishakchak, District- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Najmul Hodda For the Opposite Party/s : Mr. Sri Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-07-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Kotwali (Jogsar) P.S. Case No. 217 of 2018, registered for the offences punishable under Sections 143,m 147, 149, 341, 323, 353, 427, 448, 379, 504, 506 and 120B of the Indian Penal Code.

Allegation as per the F.I.R. against the petitioners is that several persons had looted the office of the Bhagalpur Municipal Corporation at the instance of the petitioners and coaccused Binay Gupta and tried to damage public property and also created nuisance there.

Submission of learned counsel for the petitioners is that the petitioners are Ward Councilors and, later on, the

Patna High Court Cr.Misc. No.38789 of 2018 (2) dt.04-07-2018 2/2 informant himself had filed a petition stating that mistakenly name of the petitioners have been surfaced in this case which would reveal from Annexure-2 to this petition.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of six weeks from today, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur, in connection with Kotwali (Jogsar) P.S. Case No. 217 of 2018, subject to conditions as laid down under section 438 (2) of the Code of Criminal Procedure and further conditions are that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned and further condition is that they have to co-operate in the investigation of the case and make himself available as and when required by the police, otherwise the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) AnilKrSinha/- U