IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.40621 OF 2009 1. KUMAR SUMAN SINGH @ RANJEET SINGH @ RANJIT KUMAR, SON OF SHYAM SUNDAR PRASAD, RESIDENT OF VILLAGE KHADDI, POLICE STATION HILSA, DISTRICT NALANDA VERSUS THE STATE OF BIHAR ********** 3 22/04/2010 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner has challenged the order dated 05.12.2005 passed in Hilsa Police Station Case No. 32 of 2005 by which the Additional Chief Judicial Magistrate, Hilsa (Nalanda) has taken cognizance for the offences under Sections 188, 143 & 171 of the Indian Penal Code against the petitioner and unknown persons. The prosecution case is that during the elections after the imposition of the code of conduct, 144 of the Code of Criminal Procedure promulgation was also made by the State. It is said that the petitioner who was the candidate for the LJP was lodged in jail and had arranged from the jail 150 new motorcycles which were on the road holding the banner of the LJP, as a show of strength and support and thereby it is alleged that the petitioner and his unknown partymen had violated the promulgation of 144 of the Code of Criminal Procedure and are thus guilty for the offences under Sections 188 and other sections of the of the Indian Penal Code. 2 Counsel for the petitioner submits that the petitioner was not present and was admittedly lodged in jail and also the case has been wrongly lodged by the Officer-in-charge of the Police Station. At this stage, there is no illegality in the order taking cognizance dated 05.12.2005. All these aspects of the matter may be raised before the Court below at the appropriate stage of the case. This application is accordingly disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J.)