ORDER 1. Anticipatory bail application filed by petitioner Murari Prasad Bhadani is moved by Sri Deepak Kumar and opposed by Sri R. Mukhopadhyay, learned SC-II and Sri G.S. Prasad, learned Additional P.P. 2. It is alleged that the informant, namely Yogendra Prasad Singh, Assistant Sub Inspector of Police, entered in the shop of petitioner and conducted search and seizure. It was submitted that the said Yogendra Prasad Singh had conducted search and seizure without any order of District Magistrate or Sub Divisional Magistrate or Magistrate, as envisaged under the Code of Criminal Procedure. 3. In view of the aforesaid submissions of learned counsel for the petitioner, Additional P.P. was directed to me counter-affidavit sworn by Yogendra Prasad Singh, Assistant Sub Inspector of Police stating therein as to who authorized him to conduct search and seizure in the shop of petitioner. The said Yogendra Prasad Singh filed counter-affidavit on 11.8.2013, wherein at paragraph No. 11, he stated that he has been directed by his higher authorities to conduct search and seizure. It then appears that on 6.8.2013, the learned Additional P.P. after seeking instruction from afore-said Yogendra Prasad Singh, has submitted that A.S.I. has been directed by Inspector of Police, Bank More Circle, namely. Prem Ranjan Sharma, to conduct search and seizure in the shop of petitioner. Thereafter, the Inspector of Police, Bank More Circle, has been directed to remain physically present in this Court and file show cause. The aforesaid Inspector, Prem Ranjan Sharma has filed his show cause, wherein he stated that he had not given such direction to the informant. It is not out of place to mention that informant is subordinate of the Inspector, namely, Prem Ranjan Sharma and he could do all his official duty on the direction of Inspector. 4. Conducting search in the house and/or building of any citizen is a serious matter, because it violates the right of privacy of any citizen. Keeping in view the seriousness of the matter, the framer of law had put an embargo on the power of police personnel’s from entering in the house and/or building of any person for the purpose of search unless they have been specially empowered in that respect by District Magistrate, Sub Divisional Magistrate or Magistrate of 1st Class, as provided under Section 94 of the Code of Criminal Procedure. 5. 5. In the instant case, I find that informant Yogendra Prasad Singh, Assistant Sub Inspector of Police, Dhansar Police Station had conducted search and seizure in the shop of petitioner in violation of Section 94 of the Code of Criminal Procedure and thereby he violated the right of privacy of the petitioner, as enshrined under Article 21 of the Constitution of India. Thus, the conduct of Yogendra Prasad Singh Assistant Sub Inspector of Police, as well as the conduct of Inspector, Prem Ranjan Sharma and informant are hereby reprimanded. They are warned to do their duties in accordance with law and do not misuse the power for ulterior motive. I direct the Superintendent of Police, Dhanbad to enter the comments passed by this Court in the ACR of aforesaid police officers. 6. Since, the search and seizure conducted in the shop of petitioner is wholly illegal and against the provisions of Code of Criminal Procedure, I allow this application and direct the petitioner to surrender in the Court below by 17.9.2013 and in that event, the Court below is directed to enlarge the petitioner above named, on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Dhanbad in connection with Dhanbad (Dhansar) P.S. Case No. 317 of 2013 (G.R. No. 1245 of 2013), subject to the condition as laid down under Section 438(2) of the Cr PC. 7. Let a copy of this order be sent to the Superintendent of Police, Dhanbad, through FAX, for necessary action. Application allowed.