Pammu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23397 of 2017 Arising Out of PS.Case No. -530 Year- 2016 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Pammu Singh Son of Late Kamlesh Singh, Resident of VillageGamhauiya, P.S. Banjariya, District- East Champaran. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-06-2017 Heard the learned counsel for the petitioner, learned counsel for the informant- Singhal Sah and the learned Addl. P.P. for the State.

The petitioner apprehends his arrest in connection with Turkauliya (Banjariya) P.S. Case No. 530 of 2016 dated 31.10.2016 for the offence punishable under Sections 147, 148, 149, 302, 379, 427 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation levelled against the petitioner is that on 31.10.2016 at about 10.30 A.M., about 150-200 people came armed with deadly weapon and started harvesting the paddy crops, whereafter the informant and his sister-in-law namely, Heeramati Devi came at the place of occurrence, whereupon the petitionerPammu Singh and others, who were armed with gun, came there and the petitioner fired from his gun which hit in the chest of the

Patna High Court Cr.Misc. No.23397 of 2017 (2) dt.12-06-2017 2/2 aforesaid Heeramati Devi, leading to her death. It has been submitted on behalf of the petitioner that from the case diary it would be apparent that the witnesses have not supported the case of the prosecution.

It appears from the order dated 27.03.2017 passed by the learned trial court that the charge sheet has been submitted against some of the accused persons and from perusal of the case diary it appears that the witnesses have supported the case of the prosecution.

Having heard the learned counsel for the parties and in view of the facts and circumstances of the case, since the petitioner is main accused and there is direct allegation of firing against him, leading to death of the deceased, namely, the aforesaid Heeramati Devi, I do not find it a fit case for grant of anticipatory bail.

The prayer for anticipatory bail, in connection with Turkauliya (Banjariya) P.S. Case No. 530 of 2016, pending in the court of learned Chief Judicial Magistrate, Motihari, East Champaran, is hereby rejected.

(Mohit Kumar Shah, J) BTiwary/- U