# Motihari District Police Constable vs The State of Bihar and Others

HTML version: [https://datalibertarian.in/babuwatch/incident/CW-2012-0022](https://datalibertarian.in/babuwatch/incident/CW-2012-0022)

## Report card

By judgment dated 6 January 2012 in C.W.J.C. No. 7410 of 2007, the Patna High Court (Coram: V.N. Sinha, J.) upheld the disciplinary action taken against the Constable, Motihari District Police.

- Register number: BR 05 CW 0001
- Case reference: C.W.J.C. No. 7410 of 2007 / (2012) 2 PLJR 843
- Court and date: Patna High Court (Coram: V.N. Sinha, J.), 6 January 2012
- Officer(s) at the material time: Constable, Motihari District Police
- Present service status: Not ascertained from the cited sources.
- Provisions invoked: Section 364A of the Indian Penal Code, 1860; Section 120B of the Indian Penal Code, 1860; Section 34 of the Indian Penal Code, 1860
- Finding of the Court (extract): “Petitioner having not questioned his complicity in the crime of abduction in the initial punishment order, in my opinion, he is not well advised to question his complicity in the same crime when punishment has been enhanced. In any view …” (at para 6)
- Verdict, sentence and quantum: Disciplinary action upheld. Sentence: dismissal.
- Present status of the proceedings: No further proceedings are recorded in the cited sources; the judgment is the concluded position shown.
- Source orders: [Judgment / order (primary source)](https://www.courtkutchehry.com/judgements/732778/arbind-kumar-singh-appellant-hash-the-state-of-bihar-and-others-respondent/); [Permanent link to this record](https://datalibertarian.in/babuwatch/incident/CW-2012-0022)

**Record:** CW-2012-0022 (compiler id CWC-0988); case GAP3-104-003
**Title:** Motihari District Police Constable vs The State of Bihar and Others
**Court:** Patna High Court; judges: V.N. Sinha
**Case number / citation:** C.W.J.C. No. 7410 of 2007 / (2012) 2 PLJR 843
**Judgment:** 2012-01-06 (2012, day precision)
**Incident date:** 2002-02-13 (2002)
**Place:** East Champaran, Bihar; city town: Raxaul; police station or unit: Motihari District Police, East Champaran; force: state_police
**Category:** Other misconduct
**Sub-category:** other
**Outcome:** Disciplinary action upheld (disciplinary_upheld)
**Sections:** IPC 364A; IPC 120B; IPC 34
**Officers (gated display forms):** Constable, Motihari District Police (1 in record)
**Victims:** Raxaul resident (1 in record)
**Sentence / compensation:** dismissal
**Sentence type:** dismissal (dismissal)

The judgment of the Patna High Court records the following account. Constable of the Motihari District Police was departmentally proceeded for complicity in Raxaul P.S. Case No. 20 of 2002, the abduction of a Raxaul resident for ransom, in which his home telephone was used for ransom demands and the victim was confined at his house. The Superintendent of Police initially withheld three increments, but the Director General-cum-Inspector General enhanced the penalty to dismissal under Rule 853A of the Bihar Police Manual. The Patna High Court found that the constable had accepted the guilt finding, declined opportunities to cross-examine witnesses, and was named by a co-accused as an active participant. The Court held the enhancement was made within reasonable time and that he did not deserve retention in the police force, and dismissed the writ petition. His Letters Patent Appeal and review were also dismissed, making the dismissal final.

> Petitioner having not questioned his complicity in the crime of abduction in the initial punishment order, in my opinion, he is not well advised to question his complicity in the same crime when punishment has been enhanced. In any view of the matter, petitioner having been named by one of the co-accused as active participant in the occurrence and named as suspect in the charge-sheet (sic) not deserve to be retained in the police force.

**Sources (2):** [courtkutchehry.com](https://www.courtkutchehry.com/judgements/732778/arbind-kumar-singh-appellant-hash-the-state-of-bihar-and-others-respondent/); [courtkutchehry.com](https://www.courtkutchehry.com/judgements/775257/arbind-kumar-singh-appellant-hash-the-state-of-bihar-and-others-respondent-1/)
**Verification:** V2 · Externally reported
**Review:** Solo Staff combined review (one combined attestation) — not yet recorded
**admin category:** misconduct
**admin subcategory:** other
**allegations:** {'category': 'Other', 'primary': True, 'position': 'Material fact supported', 'position_explainer': 'Reliable material supports a specifically documented fact relevant to that allegation, not necessarily the full allegation, causation, intent, unlawfulness, or responsibility.', 'official_finding_relation': 'supports allegation'}
**anonymised:** False
**court quote para:** 6
**display title redacted:** Motihari District Police Constable vs The State of Bihar and Others
**followup history:** {'date': '2026-09-19', 'scope': 'Round-8 full re-verification: published record re-checked against the judgment text (outcome, officers, quote, key facts) plus methodology-compliance pass', 'method': 'skills-guided adversarial re-verification of the published record against the judgment text (reverify/t1-*/adversarial-8.jsonl)', 'result': 'holds', 'corrections_applied': \[\]}
**followup status:** checked
**institutional response:** {'date': '2012-01-06', 'action_type': 'Order issued', 'status': 'Concluded', 'authority': 'Patna High Court', 'independence': 'External', 'legal_effect': 'Binding', 'description': 'The Patna High Court upheld service punishment imposed on police personnel.', 'disposition': 'Disciplinary action · Procedural only', 'source': '(2012) 2 PLJR 843', 'recheck': 'Not yet re-checked.'}
**last checked:** 2026-09-19
**link checked per url:** {'url': 'https://www.courtkutchehry.com/judgements/732778/arbind-kumar-singh-appellant-hash-the-state-of-bihar-and-others-respondent/', 'link_checked': None}; {'url': 'https://www.courtkutchehry.com/judgements/775257/arbind-kumar-singh-appellant-hash-the-state-of-bihar-and-others-respondent-1/', 'link_checked': None}
**retracted:** {"is_retracted": false}
**service:** police
**source assessment:** {"established": null, "basis": null}
**status:** current
**subcategory display:** other
**tier:** Tier A — Externally reported or officially recorded
**tier badge:** Externally reported
**tier history:** Tier A — Externally reported or officially recorded
**verdict:** accept
**verdict note:** Patna HC dismissed writ; DGP's enhanced dismissal of kidnapping-complicit constable upheld (LPA/review also dismissed).
**verification badge:** V2 · Externally reported
**verification status:** V2
**watch:** babuwatch

Status: Disciplinary action upheld.

[Open CW-2012-0022](https://datalibertarian.in/babuwatch/incident/CW-2012-0022)