IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26143 of 2008 SANJAY SINGH @ SANJAY KUMAR SINGH Versus STATE OF BIHAR ----------- 2. 15.7.2008 Heard. Sanjay Singh @ Sanjay Kumar Singh, petitioner, is named in the F.I.R. and was on bail granted by the police. The case was initially registered under section 307 of the Indian Penal Code but police did not submit chargesheet under that particular section, it was under some of the bailable sections of the Indian Penal Code. The Magistrate differed with the opinion of the investigating officer and added section 307 of the Indian Penal Code in his order. When the petitioner appeared, he was taken into custody and his prayer for bail had been dismissed by the F.T.C.-I, Ara. The learned Judge appears assigning reasons as indicated in the operative part of his order but in any view of the matter, he has not mentioned as to why his bail bond was cancelled which was furnished by the petitioner on account of being admitted to bail by the police. One does not know as to how many more times this Court must impress upon the lower judiciary that the police does also have power of granting bail and it could be done even in the case, say , under section 302 of the Indian Penal Code, if a police officer could find reasons for doing so and that shall be as good bond of bail as could be directed by a court of law to be executed by an accused. Cancelling a bond, one must appreciate, to be very serious and extra ordinary and must not be resorted to as and when an police officer granted it. It was a case in which bond of the - 2 - accused ought not to have been cancelled. Let petitioner namely Snajay Singh @ Snajay Kumar Singh be released on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Ara in Agiaon (Garhani) P.S. case no. 64 of 2005. sudip ( Dharnidhar Jha, J )