Chote Sharma @ Devendra Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38697 of 2021 Arising Out of PS. Case No.-319 Year-2020 Thana- BOCHAHAN District- Muzaffarpur ====================================================== CHOTE SHARMA @ DEVENDRA SHARMA S/o- Jalim Sharma R/o Village- Rajwara, P.S.- Mushahari, District- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anish Kumar, Advocate For the Opposite Party/s :
Ms. Dr. Indiwar Kumari, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 25-02-2022 Heard the parties through video conferencing. 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 has been able to bring on record that the petitioner has been made accused in another case, as stated in paragraph No.2 of the supplementary affidavit, 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
Patna High Court CR. MISC. No.38697 of 2021(4) dt.25-02-2022 2/2 affidavit filed before Court should always be deprecated. However, it appears that the Pairvikar after getting knowledge of other cases have filed supplementary affidavit prima facie it appears to this Court that incorrect statement made in paragraph No.3 has not been made deliberately.
In view of the above submission, the application filed on behalf of the petitioner is dismissed as withdrawn.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) Niraj/- U