SHIV KUMAR BHAGAT @ MUNNA Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN the instant case the informant has filed I.A. No. 1724 of 2007 for being permitted to intervene as respondent in opposition of the prayer made in the writ application.

(2.) IN view of the nature of reliefs sought for in the instant writ application and also taking into consideration that the case has been committed to the court of Sessions I find it necessary to hear the informant of the case, who has filed this intervenor application. As such I allow the interlocutory application and permit the intervener respondent to appear as respondent, in opposition to the writ application.

(3.) THE prosecution case in brief is that one Binod Kumar gave a fard beyan on 5.11.1997 at 8 A.M. at Tara Nurshing Home giving rise to Gandhi Maidan P.S. Case No. 231 of 1997, under Sections 307, 302, 341 and 120B of the I.P.C. and 3 and 4 of Explosive Substance Act, alleging that accused persons, namely, Shiv Kumar Bhagat and his brother after forming conspiracy, killed his father, Shaligram Singh, in league with others. This is the first charge sheet wherein the name of the petitioner did not figure as an accused and they were not sent up for trial. However, the names of the petitioners figured in the supplementary chargesheet No. 31/03 dated 28.2.2003.