Devgan Kharwar @ Devnath Kharwar @ Prakash Kharwar @ Nraiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87495 of 2019 Arising Out of PS. Case No.-367 Year-2010 Thana- DEHRI TOWN District- Rohtas ====================================================== DEVGAN KHARWAR @ DEVNATH KHARWAR @ PRAKASH KHARWAR @ NRAIYA, Son of Yogender Kharwar, Resident of Mohalla - Jakki Bihga, Maninagar, P.S. - Dehari (T), Sagra, Distt - Rohtas. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saroj Kumar Sharma, Advocate For the Opposite Party/s :
Mr. Nitya Nand Tiwary, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-01-2021 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 324, 302, 452 of the Indian Penal Code and Section 27 of the Arms Act. Petitioner is one of the assailants. Two persons were allegedly killed, by the petitioner and co-accused Samarajay Kharwar by causing injury with sharp cutting weapon, in presence of the informant.
Earlier prayer for bail was refused on 13.05.2019 in Cr. Misc. No. 4100 of 2019 vide order at Annexure-1. At that time also it was submitted before the Court that the petitioner has got no criminal antecedent. This time also, it is stated that the petitioner has got no criminal antecedent.
Patna High Court CR. MISC. No.87495 of 2019(8) dt.20-01-2021 2/3 However, learned counsel for the informant has filed a counter affidavit stating therein that the petitioner is accused in four more cases of murder registered in different police stations. When the learned counsel for the petitioner was confronted with the aforesaid suppression of fact, she informs that mother-in-law of the petitioner has sworn the affidavit and the deponent is mother of second wife of the petitioner. Therefore, she stated that the deponent was unaware of the fact that the petitioner has got criminal antecedent. Learned counsel for the petitioner after some arguments has prayed for withdrawal of this application. Prayer for withdrawal of this application is refused.
If the deponent was unaware of the fact she should not have mislead the Court by stating on oath that she is well acquainted with the facts and circumstances of the case. Considering the fact aforesaid, I am not inclined to enlarge the petitioner on bail in connection with Dehari P.S. Case No. 367 of 2010 pending in the Court of learned 10th Additional Sessions Judge, Sasaram, Rohtas.
Hence, prayer for bail is refused.
Let the Registry institute a criminal case against the deponent of this case for swearing false affidavit before the
Patna High Court CR. MISC. No.87495 of 2019(8) dt.20-01-2021 3/3 Court and attempting to mislead the course of justice. The Registry shall examine the records of Cr. Misc. No. 4100 of 2019 also whereby prayer for bail was refused earlier to the petitioner and in that application also statement was made that the petitioner has got no criminal antecedent. The Registry shall verify the deponent of that case and shall initiate a roving inquiry regarding involvement of others.
(Birendra Kumar, J) Kundan/- U T