Sikandar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58266 of 2021 Arising Out of PS. Case No.-399 Year-2020 Thana- JHAJHA District- Jamui ====================================================== SIKANDAR MANDAL S/O GOPAL MANDAL R/o villageChhuchhanariya, Post Barajor, P.S.- Jhajha, Tola Kakania, Jhajha, DistrictJamui, Bihar 8111308 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rudra Deo For the Opposite Party/s :
Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 26-04-2022 Heard learned counsel appearing on behalf of petitioner and learned A.P.P. for the State.
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 several other cases, 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
Patna High Court CR. MISC. No.58266 of 2021(2) dt.26-04-2022 2/2 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 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In view of the above submission, the application filed on behalf of the petitioner is dismissed as withdrawn. (Purnendu Singh, J) manish/- U T