← Library
Patna High CourtCR. MISC./21874/2015dismissed

Shambhu Kumar Sharma @ Shambhu Kumar @ Shambhu Sharma v. The State Of Bihar

2015-12-01Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21874 of 2015 Arising Out of PS.Case No. -225 Year- 2013 Thana -KOTWALI District- PATNA ====================================================== Shambhu Kumar Sharma @ Shambhu Kumar @ Shambhu Sharma Son of Raj Nandan Singh Resident of village- Metra, P.O. Atiyawan, P.S. Ghoshi, District - Jehanabad.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Krishna Pd. Singh, Sr. Advocate.

Mr. Jharkhandi Upadhyay, Advocate.

For the Opposite Party : Mr. Madhuranand Jha, (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-12-2015 Heard both sides.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471, 120(B) and 34 of the Indian Penal Code.

Cr. Misc. No. 16170 of 2011 was filed on behalf of Dharmendra Kumar for grant of regular bail in connection with Ghoshi P.S. Case No. 240 of 2010 registered under Sections 302 and 34 of the Indian Penal Code and under Section 27 of the Arms Act. One death certificate of Bachchi Devi, the grand-mother of Dharmendra Kumar was filed for grant of provisional bail, but on enquiry it transpired that the petitioner Shambhu Kumar Sharma @ Shambhu Kumar @ Shambhu Sharma has filed the affidavit

Patna High Court Cr.Misc. No.21874 of 2015 (8) dt.01-12-2015 2/2 stating about the death of grand-mother of Dharmendra Kumar. Shri Krishna Pd. Singh, the learned senior counsel submits that the petitioner did not put his signature on the affidavit somebody impersonated the signature of the petitioner even the signature of the petitioner has not been verified. It is further submitted that the learned counsel for the petitioner has submitted before the court below that the petitioner had sworn affidavit in bona fide belief and knowledge about the death of the grandmother of Dharmendra Kumar. Be that as it may, it is a case of concealment of facts and wrong statement about the death of Bachchi Devi, the grandmother of Dharmendra Kumar on the basis of which he was granted provisional bail, I am not inclined to enlarge the petitioner Shambhu Kumar Sharma @ Shambhu Kumar @ Shambhu Sharma on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J.) KKSINHA/- U T