VIJAY KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners seek quashing of the order dated 29.5.2010 passed by the Chief Judicial Magistrate, Saran at Chapra in Marhaura P.S. Case No.120 of 2005 registered for the offences under sections 302/34 of the Penal Code and section 27 of the Arms Act, whereby he has issued attachment order against the petitioners under section 83 of Code of Criminal Procedure.

(2.) The informant Sharwan Kumar Jaiswal alleges that on 15.7.2005 at 10.00 A.M., while he along with his brother Manoj Kumar Jaiswal, since deceased, was purchasing mango in Mirzapur Bazar, 7-8 criminals on three motor cycles came and began to fire at them. The informants brother tried to hid himself in the Life Medical Shop of Md.Aalim. The petitioner no.1 Vijay Kumar Singh @ Munna Thakur shot at his brother Manoj Kumar Jaiswal as a result of which he fell. Thereafter other accused including petitioner no.2 fired at him causing his instant death. It is alleged that the offence took place on account of liquor dispute.

(3.) The petitioners submit that the police right from beginning has been acting in a partisan manner and in fact are trying to implicate the innocent people at the influence of a local politician. The F.I.R. was lodged on 15.7.2005 and just the next day, on 16.7.2005, the police filed a requisition for issuance of non-bailable warrant of arrest against them and other named accused in the F.I.R. The learned Chief Judicial Magistrate, Saran at Chapra accepted the requisition and issued non-bailable warrant of arrest against them. On 19.7.2005, the police prayed for issuance of proclamation against the accused persons named in the F.I.R. under section 82 of Cr.P.C. and only two days thereafter i.e. on 22.7.2005, the police filed another requisition for attachment of the property under section 83 Cr.P.C, contained in Annexure-2, which were too accepted and allowed by the Magistrate.