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Ravi Shankar Singh @ Ravi Shankar Kumar ... vs State Of Bihar on 9 February, 2009

Author: Dharnidhar Jha

Bench: Dharnidhar Jha

            IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Cr.Misc. No.48279 of 2008
            RAVI SHANKAR SINGH @ RAVI SHANKAR KUMAR SINGH
            Son of RudalSingh, resident of village Teghera,
            P.S. Manjhi,District Saran(Chapra ... Petitioner
                           Versus
              THE STATE OF BIHAR ...   ...     Opp. Party
              For the petitioner:Shri Shailendra Kumar Singh
              For the State:Shri Dashrth Mehta,APP
                             -----------



4.   9.2.2009

Heard.

The accused Ran Vijay Singh named in the F.I.R. of a case under Sections 302 was brought for production and remand in the court of Chief Judicial Magistrate, Saran at Chapra. The criminals riding three motor cycles arrived there and they attempted to get him released from custody. On being resisted by the accompanying constable they fired shorts and rescued the said criminal Ran Vijay Singh who ran away with handcuff and ropes, etc. There is no story in the F.I.R. or the case diary that the police also fired shots and further what is alleged is that the criminals fired shorts. The petitioner got injured in the firing and caught by the police officer and he was got remanded in the present case.

As may appear from the F.I.R. except the above named criminals there is no name in the F.I.R. Detail descriptions have been given in the F.I.R. to know the identity of the criminals but no attempt appears made for putting the petitioner or any one on the T.I. Parade for establishing his identify. It is unfortunate that the police is not doing what is required by law and procedure of investigation in establishing the identity and it is simply taking the advantage of the circumstances which may not be, as is claimed by it, considering which let the above named petitioner be released on his furnishing a bond of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra, in Chapra (Town) P.S.Case No.146 of 2008.

( Dharnidhar Jha, J.) Kanth