Bhism Panjiyara And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48195 of 2016 Arising Out of PS.Case No. -359 Year- 2015 Thana -AMARPUR District- BANKA ======================================================
1. Bhism Panjiyara, Son of Jairam Panjiyara.
2. Asthama Panjiyara, Son of Prakash Panjiyara.
3. Raj Kumar son of Panchu Panjiyara.
4. Fulkumar Son of Panchu Panjiyara
5. Panchu Panjiyara, Son of Bindeshwari Panjiyara. All are resident of Village- Nagardih, P.S. Amarpur, District- Banka. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Buxi S.R.P.Sinha, Sr.Adv. Mr. Janki Nandan Prasad, Adv.
For the Opposite Party/s : Mr. Sri Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 29-11-2016 Heard Sri Buxi S.R.P.Sinha, learned Senior Counsel, who was assisted by Sri Janki Nandan Prasad, learned counsel for the petitioners, Sri Satyendra Narayan Singh, learned Addl. Public Prosecutor and Sri Rahul Kumar Singh, learned counsel, who was assisted by Sri Pramod Kumar Singh, who has voluntarily appeared on behalf of the informant. Five petitioners have prayed for grant of anticipatory bail in Amarpur P.S. Case No.359/2015 registered for the offence under Sections 147, 148, 149, 341, 302 of the Indian Penal Code and Section 27 of the Arms Act.
By way of referring to the F.I.R., it was argued by
Patna High Court Cr.Misc. No.48195 of 2016 (2) dt.29-11-2016 2/2 learned Senior Counsel that of course, in the F.I.R. it has been alleged that number of motorcycles surrounded the motorcycle, on which grand father of the informant was moving and one of the accused, from close range, had fired on temporal region of the deceased and, thereafter, one another accused had fired, it has been argued that the allegation of firing is against other accused and the petitioner was only shown moving on a motorcycle. On the aforesaid ground, a prayer has been made for extending the privilege of anticipatory bail.
However, on perusal of the F.I.R., the Court is of the considered opinion that it was a case, in which in a well planned manner, the accused surrounded the deceased and he was done to death since the deceased was going to the court to depose as witness in a case.
The petition stands dismissed.
(Rakesh Kumar, J) NKS/- U T