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2014 Supreme(Pat) 295

ADITYA KUMAR TRIVEDI
Ram Sagar Sharma – Appellant
Versus
State Of Bihar through Principal Secretary, Department of Home, Govt. of Bihar, Patna – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Dhananjay Kumar, Adv
For the State: Mr. Amaresh Kumar Sinha, AC to GA-9

JUDGMENT

Petitioner has asked for quashing of FIR of Sitamarhi P.S. Case No. 351/2010 by way of filing instant writ petition.

2. With regard to apprehension of Maoist regarding which confidential information was received, a raiding party was constituted and house of Bhola Sah was cordoned in between night of 15/16.07.2005 and during course thereof, firing was also effected perceiving coming out of members of extremist group resulting casualty of Seema Devi as well as Parvati Devi. During course of search, Rakesh Kumar s/o of Bhola Sah along with Chandan Kumar were apprehended along with recovery of cartridges of different bores, country made pistol, charger for which Sitamarhi P.S. Case No. 408/2005 was registered on the statement of petitioner, Ram Sagar Sharma who was the then Officer-in-charge of Sitamarhi P.S. During midst of investigation, the Government entrusted the investigation to CID who, after concluding the same filed final report. Simultaneously, also observed that Sitamarhi P.S. Case No. 408/2005 was intentionally drawn up to cover up their own fault by way of false seizure of arms and ammunition as well as fate disclosure and for that, as per, direction two cases were












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