1. This order shall dispose of Cr. W.J.C. No. 421 of 2001 (Nalini Kant Agrawal V/s. The State of Bihar & Ors.) and Cr.W.J.C. No. 318 of 2002 (Ajay Agrawal & Anr. V/s. The State of Bihar & Anr.).

2. The facts which have required the parties to rush to this Court in nutshell are that Nalini Kant Agrawal, father of the deceased Dharmendra Agrawal lodged a report at Police Station Bhabhua that his son had been murdered by some unknown persons. The first information report was countersigned by one Nasimuddin Ansari. On strength of the report dated 24.9.2000 an offence was registered against unknown persons. Later on the police found involvement of number of persons and at a later stage the police being convinced that the alleged murder was a result of conspiracy also added Section 120B I.P.C. for the purposes of investigation. Subsequent to addition of the offence names of Ajay Kumar Agrawal and Amar Kumar Agrawal @ Nippu Agrawal both sons of Late Kamla Kant Agrawal were added in the list of the accused persons.

3. It appears that after the investigation against some, a charge-sheet was filed and on 7.12.2000, Binod Kumar, Officer-in-Charge Police Station, Bhabhua submitted an a