IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50822 of 2008 UPENDRA SINGH @ BHULI SINGH, S/o Babuni Singh Versus The STATE OF BIHAR ------ 3/ 17.03.2009 Heard learned counsel for the petitioner and learned counsel for the State. It is a clear case of tampering with the evidence. A burnt lady was admitted to hospital. The Police Officials came. Either her statement was recorded or her thumb impression obtained on a paper witnessed by her brother. No action was there on behalf of the Police. Even F.I.R. was not recorded, but at a latter stage, statement of her brother was obtained, as it appears, by the Police Officials to save the skin of the real culprits but that also could not be managed and unfavourable circumstances appeared in favour of the accused persons, that was lodging of the F.I.R. at a latter stage and sending the same to the Court. Otherwise, if it was an accidental incident and once the matter was reported to the Police, there was no occasion to obtain further an application by the brother exonerating all the liabilities. In the circumstance discussed above petitioner’s custody for any period cannot favour him when he has specifically been alleged for the crime even by the deceased. Accordingly, the application is rejected. However, the Trial Court is directed to expedite the trial. shail (Mandhata Singh, J.)