Patna High CourtCR. MISC./67579/2021withdrawn

Rakesh Kumar @ Rakesh Kumar Yadav v. The State Of Bihar

2022-05-10Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67579 of 2021 Arising Out of PS. Case No.-131 Year-2021 Thana- GAIGHAT District- Muzaffarpur ====================================================== RAKESH KUMAR @ RAKESH KUMAR YADAV Son of Raghubans Rai, Resident of Village - Gyasudinpur Tola Kalyan, P.S.- Gaighat, Distt.- Muzaffarpur, Bihar.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 10-05-2022 Heard the parties through video conferencing. It is submitted on behalf of the petitioner that the Pairvikar of the case has not given correct information with respect to the criminal antecedent of the petitioner and as such incorrect statement has been made in Para-3 of the bail petition. The petitioner submits on his own endeavour that the 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 in the pleading are sufficient to attract Chapter XI of the I.P.C. In this case Pairvikar of the petitioner has knowingly and deliberately made false statement/information in paragraph No.3

Patna High Court CR. MISC. No.67579 of 2021(2) dt.10-05-2022 2/2 of the present bail application. This practice of having made a false statement incorporated in an affidavit filed before Court should always be deprecated and entail appropriate legal action against the accused persons.

In view of the above submission, the application filed on behalf of the petitioner is dismissed as withdrawn.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) mantreshwar/- U T