Manjesh Tiwary @ Manjesh Kumar Tiwary v. The State Of Bihar
Patna High Court Cr.Misc. No.8022 of 2017 (2) dt.03-03-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8022 of 2017 Arising Out of PS.Case No. -297 Year- 2016 Thana -DHAKA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. MANJESH TIWARY @ MANJESH KUMAR TIWARY, Son of Deo Sharan Tiwary, Resident of Village- Bhandar, P.S. Dhaka (Pachpakri), District East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Sri Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-03-2017 Heard learned counsel for the petitioner, and the learned counsel representing the State.
The petitioner apprehends his arrest in connection with Dhaka (Pachpakri) P.S Case No. 297 of 2016, G.R. No. 1010 of 2016 registered for the offences punishable under Sections 25(1-b)a-26 and 35 of the Arms Act.
Allegedly, Manish Kumar Dubey was caught with country made pistol and he stated that the same was given by Shatrughan Paswan and there the petitioner was also present. Submission is of false implication and that nothing has been recovered from possession of the petitioner, only on the basis of suspicion the petitioner has been made accused in this case. Petitioner has been appointed as S.P.O. at Pachpakari O.P. by Superintendent of Police, East Champaran and he has performed his duty very well resulting he was awarded by the S.P., East
Patna High Court Cr.Misc. No.8022 of 2017 (2) dt.03-03-2017 Champaran vide memo no. 11610/C.V.R dated 27.5.2016 which causes annoyance to the informant and the petitioner has been implicated in this case. The petitioner ought to have been made witness in this case but he has been made accused in this case. The petitioner has got no concern with Manish Dubey and Shatrughan Paswan and, as such, the petitioner deserves sympathetic consideration.
Learned A.P.P. fairly submits that the petitioner was only present when Shatrughan Paswan handed over the pistol to Manish Dubey.
In the facts and circumstances stated above, the petitioner in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of the order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sikarhana at East Champaran in connection with Dhaka (Panchpakri) P.S. Case No. 297 of 2016, G.R. No. 1010/16 subject to the conditions as laid down in Section 438(2) of the Cr.P.C.
(Jitendra Mohan Sharma, J) sushma/- U T