BEFORE THE HIGH COURT AT PATNA HIGH COURT,

PATNA

Criminal Misc. No. __________ of 2020

IN THE MATTER OF
(STATE OF BIHAR Vs. TARA BABU SINGH)
FIR No.: 0748/19

Under Section/s: 147, 148, 149, 448, 307,

120, 87 of IPC & 27 of Arms Act.
Police Station: Buxar Town P.S.
Accused in custody since: 22.10.2019

Most Respectfully Soweth:-

1. That this is an application praying for grant of regular bail to the petitioner Tara

Babu Singh S/O Lt. Brij Bihari Singh, resident of Khalasi Mahulla , P.S. Buxar

Town, Dist. Buxarin connection with above referred FIR No. 0748/19 registered

by SHO, Buxar Town P.S.

2. That the petitioner has not filed any such anticipatory or regular bail application

earlier in this matter before this Hon’ble court.

3. Petitioner has been involved earlier in connection with case no. --------- and

thereafter petitioner has not been involved in any criminal case.

4. That the present case arises out of the written complaint filed by the informant

Rishikesh Rai s/o Dinanath Rai resident of Koirpukha P.S. Buxar Town Dist.

Buxar. The story narrated by the informant is that the accused Tara Babu Singh

along with the other 100 criminals came to the land which was purchased by the

informant in order to put boundary on that particular land at 9 am in morning on

 22.10.2019. According to the story of the informant the accused were well armed

having heavy firepower which included pistols and rifles in their inventory.

It was further narrated by the informant that when they

tried to stop the accused then accused open fired on him with the purpose and

intention of killing him. In this act of firing 3 people got injured in which one died

on spot and in the other two, one got severely injured. The informant states that

the accused is a habitual offender and it is his business to carry on these criminal

activities for the purpose of land capturing,

5. That it is to be brought into the notice of this Hon’ble Court that the informant in

present case states that the alleged crime took place at 9.00 am in the morning on

22.10.2019 but at the same time the police according to the written statement

given by S.I. Aslam Sher Ansari, got the information at 10.00 am. This

information was also not given by the informant of the present case. This clearly

shows that informant was reluctant in calling the police even after knowing the

criminal background of accused and seeing that the accused is with 100 criminals

and is also well armed. This shows that the alleged status of the accused which

was criminal in nature did not had any effect on the informant which brings the

informant’s status in question. This is so, because any innocent and reasonable

man would get afraid by seeing a man of such background along with 100 men

and well armed, putting boundary on his land will first of all call the police which

the informant in the present case didn’t do and went ahead to confront the

accused. It is also important to mention here that the on the information of the

accused of the present case police, after filing FIR having FIR No. 0747/19, also

seized the rifles, live bullets and even the empty shells of bullets from the gate of

the informant of the present case, details of which have been given in the seizure
 list. In the written statement given by S.I. Aslam Sher Ansari, he stated that the

information on which he proceeded to the crime spot was only that there is a clash

between two groups and gunshots were heard. In all these circumstances the

seizure of 7 bullet shells from the gate of the informant describes us a entirely

different story than that of the informant.

Furthermore, it is also important to note

that the 3 person in story of the informant who got injured in this incident actually

belonged to the family of the accused and it is impractical that the accused shot 3

of his family members while they were supporting him against the accused. All

this circumstantial evidences prima facie establishes that the informant at first

fired upon the accused and later framed him in present case. Attention can also be

drawn on the seizure list summited by the police in FIR No. 0745/19 where police

mentioned that the magzenes of rifles seized from the house of the accused were

empty and also that only one bullet shell was recovered from the house of the

accused. Even the double barrel rifle did not had any bullets in it which clearly

shows that the accused were not prepared for a fight.

6. That the witnesses mentioned in para 7,11 & 12 of the case dairy of the present

case are interested witness and this Hon’ble court should disregard their

statements. Moreover, the police according to the FIR of the present case got the

information from accused at 1.45 pm on 22.10.2019. On the other hand according

to the written statement of S.I. Aslam Sher Ansari in FIR No. 0745/19, the police

arrested the accused at around 10.00 am on 22.10.2019 which is contradictory to

the present FIR. Due to these self-contradictory statements of police it is prayed to

these Hon’ble court that the court should not rely on the police report and its

findings.
 7. That from forgoing conclusion, the innocence of the petitioner is well founded in

the present case despite that he is involved in the case and taken into custody on

22.10.2019 and since then the petitioner has been languishing in the custody.

8. That the petitioner is a permanent resident and there are no chances of his

absconding from the course of justice. Furthermore the petitioner will not tamper

with the evidences or witnesses in any manner.

9. That the Court below has failed to consider all the facts and circumstances of the

case and has wrongly dismissed the bail application and under the facts and

circumstances stated herein above the present bail application of the petitioner

deserves to be allowed for the ends of justice.

It is therefore prayed that your honour may graciously be pleased to grant regular bail to the

petitioner in connection with FIR No. 0748/19 arising out of Buxar Town P.S. lodged under

sections 147, 148, 149, 448, 307, 120, 87 of IPC & 27 of Arms Act. to your Honour’s best

satisfaction.

And/or

Pass such other order or orders which the court may deem fit and proper in the facts and

circumstances of the case.

And for this, the petitioner shall ever pray.