# Manjhaul Police Constable vs The State of Bihar and Others

HTML version: [https://datalibertarian.in/babuwatch/incident/CW-2017-0012](https://datalibertarian.in/babuwatch/incident/CW-2017-0012)

## Report card

By judgment dated 13 November 2017 in Letters Patent Appeal No. 736 of 2014 (arising out of CWJC No. 20311 of 2011), the Patna High Court (Coram: Ajay Kumar Tripathi, Rajeev Ranjan Prasad, JJ.) upheld the disciplinary action taken against the Constable, Quick Mobile, Patliputra Police Station, Patna (earlier Pandarak PS).

- Register number: BR 09 CW 0002
- Case reference: Letters Patent Appeal No. 736 of 2014 (arising out of CWJC No. 20311 of 2011)
- Court and date: Patna High Court (Coram: Ajay Kumar Tripathi, Rajeev Ranjan Prasad, JJ.), 13 November 2017
- Officer(s) at the material time: Constable, Quick Mobile, Patliputra Police Station, Patna (earlier Pandarak PS)
- Present service status: Not ascertained from the cited sources.
- Provisions invoked: Section 307 of the Indian Penal Code, 1860; Section 34 of the Indian Penal Code, 1860; Section 27 of the Arms Act, 1959; Section 302 of the Indian Penal Code, 1860; Article 311(2)(b) of the Constitution of India
- Finding of the Court (extract): “We are of the considered opinion that in the facts and circumstances of the present case and the materials available on the records in form of the admission of the petitioner-appellant, seizure of his service revolver with the fired cartridge …” (at para 29)
- 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://indiankanoon.org/doc/163362002/); [Permanent link to this record](https://datalibertarian.in/babuwatch/incident/CW-2017-0012)

**Record:** CW-2017-0012 (compiler id CWC-0047); case BIHAR1-010
**Title:** Manjhaul Police Constable vs The State of Bihar and Others
**Court:** Patna High Court; judges: Ajay Kumar Tripathi; Rajeev Ranjan Prasad
**Case number / citation:** Letters Patent Appeal No. 736 of 2014 (arising out of CWJC No. 20311 of 2011)
**Judgment:** 2017-11-13 (2017, day precision)
**Incident date:** 2009-09-30 (2009)
**Place:** Begusarai, Bihar; city town: Manjhaul; police station or unit: Quick Mobile, Patliputra Police Station, Patna; force: state_police
**Category:** Other misconduct
**Sub-category:** other
**Outcome:** Disciplinary action upheld (disciplinary_upheld)
**Sections:** IPC 307; IPC 34; Arms Act s.27; IPC 302; Constitution Art. 311(2)(b)
**Officers (gated display forms):** Constable, Quick Mobile, Patliputra Police Station, Patna (earlier Pandarak PS) (1 in record)
**Victims:** Manjhaul resident (1 in record)
**Sentence / compensation:** dismissal
**Sentence type:** dismissal (dismissal)

A Division Bench of the Patna High Court upheld the dismissal of Patna constable, arrested on 2 October 2009 in Manjhaul PS Case No. 160/2009 under Sections 307/34 IPC and the Arms Act, later converted to murder under Section 302 IPC. The SSP Patna dismissed him without enquiry under Article 311(2)(b), recording that holding an enquiry was not reasonably practicable; the DIG Magadh and then a Single Judge affirmed. The Court held that his subsequent criminal acquittal, secured after all prosecution witnesses turned hostile, did not vitiate the dismissal and that dispensing with the enquiry was justified. The LPA was dismissed. Matters not addressed in the cited judgment text are not recorded here.

> We are of the considered opinion that in the facts and circumstances of the present case and the materials available on the records in form of the admission of the petitioner-appellant, seizure of his service revolver with the fired cartridge and the remaining 34 live cartridges, the fact that the deceased \[name withheld\] was killed by the bullet fired from the said service revolver of the appellant as found by the supervising authority in the rank of Sr.S.P. are the convincing factors on the basis of which the Sr.S.P., Patna has reached to a conclusion and dispensed with the departmental enquiry as it was not reasonably practicable to hold the same because any further delay in throwing out the appellant could have shaken the public confidence.

**Sources (1):** [indiankanoon.org](https://indiankanoon.org/doc/163362002/)
**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:** 29
**display title redacted:** Manjhaul 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': '2017-11-13', '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': 'Letters Patent Appeal No. 736 of 2014 (arising out of CWJC No. 20311 of 2011)', 'recheck': 'Not yet re-checked.'}
**last checked:** 2026-09-19
**link checked per url:** {'url': 'https://indiankanoon.org/doc/163362002/', '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:** LPA dismissed; 311(2)(b) dismissal over murder arrest upheld despite hostile-witness acquittal.
**verification badge:** V2 · Externally reported
**verification status:** V2
**watch:** babuwatch

Status: Disciplinary action upheld.

[Open CW-2017-0012](https://datalibertarian.in/babuwatch/incident/CW-2017-0012)