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Patna High CourtCR. MISC./13951/2022withdrawn

Subodh Yadav v. The State Of Bihar

2022-06-15Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13951 of 2022 Arising Out of PS. Case No.-302 Year-2021 Thana- MANSI District- Khagaria ====================================================== SUBODH YADAV S/o Kisun Yadav @ Kusundev Yadav Resident of Khutia, P.S.- Mansi, District- Khagaria.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shiv Sager Sharma For the Opposite Party/s :

Mr.Kanhaiya Kishore, App ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 15-06-2022 Heard the parties.

It is submitted on behalf of the petitioner that the Pairvikar of the case has not given correct statement with respect to the criminal antecedent of the petitioner. However, on his personal endeavour, learned counsel come to know that petitioner has been made accused in several other cases and in such circumstances, he seeks permission to withdraw the application filed on behalf of petitioner.

Law is well settled with regard to false averments the pleading are sufficient to attract Chapter XI of the I.P.C. In this case Pairvikar of the petitioner has filed the present bail application containing false averments in paragraph No.3. This practice of having made a false statement incorporated in an affidavit filed before Court should always be deprecated. In view of the above submission, the application filed

Patna High Court CR. MISC. No.13951 of 2022(2) dt.15-06-2022 2/2 on behalf of the petitioner is dismissed as withdrawn. The petitioner, if so advised, may file fresh application without suppressing any fact on affidavit. The petitioner may utilize the certified copy of the impugned order etc. to avoid any further delay. If such application is filed, the office is directed to place the present case along with fresh bail application.

(Purnendu Singh, J) manish/- U T