BALESHWAR PASWAN Vs. STATE OF BIHAR AND OTHERS

JUDGEMENT

(1.) Heard.

(2.) The petitioner, who is an informant in Hilsa P. S. Case No. 211/93 under Sections 302, 307/34 and 27 of the Arms Act, has filed the present writ application for a direction to Sub- divisional Police Officer (respondent No. 6) to produce opposite party respondent No. 7 Binda Prasad the then Anchal Adhikari, Hilsa, before the Additional Chief Judicial Magistrate in the aforesaid case. During the pendency of the case respondent No. 7 was granted bail on 8-9-1993 by 4th Additional District and Sessions Judge, Nalanda at Biharsharif in bail petition No. 41/93/1279/93 The petitioner has challenged the aforesaid order annexing a copy of the same as Annexure-4 to the supplementary petition.

(3.) According to the case lodged by the petitioner, on 13-8-1993 at about 2.00 p. m., the deceased Govind Prasad, who was Secretary of the C. P. I. (M) of the District Unit. Nalanda alongwith large number of persons was demonstrating and holding meeting for fulfilment of certain demands in front of the Hilsa Block Officer. During the course of the aforesaid demonstration the deceased Govind Prasad and his other four friends sought for permission from Anchal Adhikari for presenting their grievance before him but he refused to give them permission. In the meantime, soma of the demontrators indulged in raising the slogans. The deceased Govind Prasad again requested the Anchal Adhikari to give him time to place their grievances. In the meantime the Anchal Adhikari (respondent No. 7) Binda Prasad came out from his office and ordered the anchal guard that as the deceased was responsible for all the problems to him he should be killed. Thereafter, one police personnel fired causing injury to Govind Prasad as a result of which he died. Thereafter, again the Anchal Adhikari ordered to fire and police personnel accordingly fired resulting injury to several persons. It was stated that the deceased used to highlight the corrupt actions of the Anchal Adhihari as a result of which he was annoyed and with a view to take revenge the Anchal Adhikari ordered to fire as a result of which the police personned fired resulting in death of the deceased and injuries to others. On the basis of the information given by the informant on 13-8-1993 at 6.30 p.m. Hilsa P. S. Case No. 211/93 was registered for the offence under Sections 302, 307/34 of the Indian Penal Code and Section 27 of the Arms Act against the Anchal Adhikari and the members of the police party a copy, of which has been annexed as Annexure-1 to the writ application.