Patna High CourtCR. MISC./40858/2021withdrawn

Teju Yadav @ Raghunath Yadav v. The State Of Bihar

2022-01-29Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40858 of 2021 Arising Out of PS. Case No.-35 Year-2012 Thana- CHUTIA SAHAYAK District- Rohtas ====================================================== TEJU YADAV @ RAGHUNATH YADAV Son of Late Kalpur Yadav R/o Village- Pipra, P.S.- Adhaura, District- Kaimur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deovind Kumar Singh For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 29-01-2022 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 come to know that the petitioner has been made accused in several other cases, 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. However, it appears that the Pairvikar after getting knowledge

Patna High Court CR. MISC. No.40858 of 2021(3) dt.29-01-2022 2/2 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In view of the above submission, the application filed on behalf of the petitioner is dismissed as withdrawn.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) manish/- U T