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Patna High CourtCR. MISC./9365/2017dismissed

Pappu Singh v. The State Of Bihar

2017-03-16Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9365 of 2017 Arising Out of PS.Case No. -174 Year- 2016 Thana -CHANDI District- NALANDA (BIHARSHARIFF) ====================================================== Pappu Singh, Son of Late Rajendra Singh, resident of Village- Kolama, Police Station- Harnaut (Telmar), District- Nalanda. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ajay Mukherjee, Advocate. For the Opposite Party : Mr. N.N. Tiwari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-03-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 26.07.2016 in connection with Chandi P.S. Case No. 174 of 2016 for the offences instituted under Sections 302/34 of the IPC and 27 of the Arms Act.

The prosecution story, in brief, is that Puna Devi, the wife of the informant, was elected as Mukhiya of Kolama Panchayat on 03.06.2016. It is alleged that she was returning after purchasing some goods from motorcycle driven by another person. The informant was also returning by another motorcycle. As soon as his wife (deceased) reached near Koyal Bigha More, two

Patna High Court Cr.Misc. No.9365 of 2017 (2) dt.16-03-2017 2/2 motorcyclists stopped and this petitioner and others were standing there and pushed immediately motorcycle of the deceased and thereafter this petitioner, Baliram Gope @ Bali Gope and Santosh Yadav fired upon the informant's wife and Pintu Yadav started motorcycle and they fled away.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 26.07.2016 and the charge sheet has been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioner. He has falsely been implicated in the present case due to village politics. The allegations made in the FIR are denied by the petitioner. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R. He is one of the assailants of the deceased. There are as many as 19 cases pending against him. In the social interest, it would not be proper to grant him bail. The same is rejected in Chandi P.S. Case No. 174 of 2016, pending in the court of the learned J.M. Ist Class, Hilsa, Nalanda. Anyhow, the learned court below is directed to take all necessary steps to expedite the trial.

U.K./- (Sudhir Singh, J) U T