Patna High Court
Shesh Nath Dwivedi @ TinkuversusState Of Bihar and Anr
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that there was no ground to cancel the anticipatory bail as no allegation of tampering with evidence was substantiated.
Summary
The petitioner, Shesh Nath Dwivedi, filed an application seeking cancellation of the anticipatory bail granted to the respondent, Monu Dubey, in a case involving offences under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act. The petitioner alleged that the respondent had tampered with evidence, justifying revocation of bail. The court examined the case records and found no specific allegation or evidence of tampering by the respondent. Consequently, the court concluded that there was no legal ground to interfere with the earlier anticipatory bail order. The application for cancellation was therefore dismissed, leaving the anticipatory bail in force.
Issues considered
- Whether the anticipatory bail granted to the respondent should be cancelled on the ground of alleged evidence tampering.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 307, 323, 34, 341, 504, 506
Subjects
- anticipatory bail
- cancellation of bail
- evidence tampering
- Indian Penal Code
- Arms Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45252 of 2015
Arising Out of PS. Case No.-44 Year-2015 Thana- AANDAR District- Siwan
======================================================
Shesh Nath Dwivedi @ Tinku son of Late Bachcha Dwivedi Resident of
Village - Andar Gherai Police Station - Andar, District - Siwan.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Monu Dubey @ Monu Kumar Dubey son of Late Rajesh Dubey @ Gilu
Dubey Resident of Village - Andar Gherai Police Station - Andar, District -
Siwan.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar
For the Opposite Party/s : Mr.L.K.Sharma app
Mr. Shyam Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 13-03-2026 Heard the parties.
2. This application has been filed for cancellation of
anticipatory bail granted to the opposite party no. 02 vide order
dated 12.08.2015 passed in Cr. Misc. No. 32847 of 2015 in
connection with Andar P.S. Case No 44 of 2015 registered for
the offence under Sections 341, 323, 307, 504, 506/34 of the
Indian Penal Code and under Section 27 of the Arms Act.
3. From the perusal of the records, there is no
allegation against the opposite party no. 02 with regard to
tampering with the evidence.
4. Considering the aforesaid facts, this Court finds no
ground to interfere with the impugned order.
Patna High Court CR. MISC. No.45252 of 2015(5) dt.13-03-2026
2/2
5. Accordingly, this application is dismissed.
(Sandeep Kumar, J)
Vikas/-
U
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