IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.36765 of 2008
Ganga Ram Rai, son of Late Ram Baran Rai, village Narepur, Pachhwari Tola, PS Bachhwara,
Dist. Begusarai - Petitioner.
Vs.
1) The State of Bihar,
2) Kamlesh Bhagat, son of Late Radha Bhagat,
3) Shiv Kumar Bhagat, son of Kailash Bhagat,
4) Manoj Kumar, son of Kailash Bhagat,
All of village Narepur, PS Bachhwara, Dist. Begusarai - Opp. Parties.
2 18.7.2011
Heard learned counsel for the petitioner and the
counsel appearing on behalf of the State.
This application has been filed for quashing the order,
dated 26.5.2008 passed in S.T. No. 75/2003 by FTC I, Begusarai.
The petitioner is the informant who has filed this
application for issuance of notice to Rajiv Kumar Bhagat and
Kailash Bhagat under section 319 Cr.P.C. on the ground that they
were also involved in the murder of his brother.
The court below has considered the evidence of the
informant who is brother of the deceased and after considering the
evidence has come to the finding that there is insufficient evidence
to call the aforesaid persons to face trial./
Learned counsel for the petitioner by referring to the
evidence which is annexed to this application submits that both the
witnesses have claimed that they have heard that Rajiv Kumar
Bhagat and Kailash Bhagat are also involved in the murder of his
brother. Apart from the aforesaid statement there is no cogent
material that would lead the court to conclude that the two persons
aforesaid are prima facie involved in the said murder.
2
Having gone through the evidence of PWs 7 and 11, I
find that there is insufficient material to notice Rajiv Kumar
Bhagat and Kailash Bhagat to face trial in the case aforesaid. I,
therefore, see no reason to interfere with the impugned order.
This application is dismissed.
haque ( Sheema Ali Khan, J.)