Criminal Miscellaneous application filed for cancellation of anticipatory bail granted to opposite party number two on grounds of alleged evidence tampering. The High Court dismissed the application finding the grounds insufficient.
Cancellation of anticipatory bail granted to opposite party no. 2 was dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.53124 of 2018
Arising Out of PS.Case No. -349 Year- 2017 Thana -GOPALGANJ TOWN District- GOPALGANJ
====================================================== Shailesh Kumar Tiwari, son of Late Prabhunath Tiwari, present Add resident of Hajiyapur, Officer Colony, Ward No. 10, P.S. Gopalganj, District Gopalganj, permanent Add- resident of Village- Balra, P.S. Shedhwaliya, District- Gopalganj.
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Dubey, Advocate. For the Opposite Party/s : Mr. Bharat Bhushan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
2 12-09-2018 Heard learned counsel for the petitioner and the State.
This application has been filed for cancellation of anticipatory bail granted to the opposite party No. 2 vide order dated 07.12.2017 passed in Cr. Misc. 57272 of 2017 on the ground that opposite party No. 2 is trying to tamper with the evidence after granting bail.
It is mentioned in paragraph-6 of the bail petition that after release on anticipatory bail, opposite party No. 2 tried his level best to tamper with the evidence by over gaining the witnesses but he failed to do so. The opposite party No. 2 has lodged Gopalganj P.S. Case No. 135 of 2018 with false and
Patna High Court Cr.Misc. No.53124 of 2018 (2) dt.12-09-2018
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concocted story against petitioner and his brothers to put pressure on the petitioner and others.
This Court does not find these grounds to be sufficient to cancel the bail of opposite party No. 2 on the ground of tampering with the evidence.
The application stands dismissed.
(Sanjay Priya, J)
S.Ali/-
U T
1 issue framed by the court
Whether anticipatory bail granted to the opposite party should be cancelled on the ground of alleged tampering with evidence.
Shailesh Kumar Tiwari
The State of Bihar
Manish Raj @ Manish Kumar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
