Dismissed

Nemu Singh v. The State Of Bihar

Patna HC8 Jul 2014CR. MISC./14821/2014

Case brief

AI extract

What is this about?

The High Court dismissed the petitioner's bail application solely because of a false statement regarding criminal antecedents in the affidavit, despite refraining from penal action against the deponent. The court directed the lower court to expedite the trial.

What did the court decide?

The bail application is dismissed on the ground of making a wrong statement with regard to the antecedents on oath.

Nemu Singh Vs The State Of Bihar — Bail and Remand | Patna HC (2014)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 14821 of 2014

¶2

Arising Out of PS.Case No. -168 Year- 2009 Thana -BANIAPUR District- SARAN ====================================================== Nemu Singh Son of Late Golhi Singh R/O Village-Pithori Takath, P.S. Baniyapur, District-Saran at Chapra. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 4. 08-07-2014 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant, who has suo motu appeared.

¶3

The petitioner seeks bail in Baniapur P.S. Case No. 168 of 2009 dated 14.10.2009 registered for offence punishable under Sections 147/148/149/341/323/324/307 of the Indian Penal Code.

¶4

Yesterday, learned counsel for the informant had drawn the attention of the Court to a misstatement made in paragraph no. 3 of the application in which it had been written that the petitioner had got no criminal antecedent. He had produced photocopy of Baniapur P.S. Case No. 36 of 1999 dated 28.2.1999 and Baniapur P.S. Case No. 67 of 2012 dated 22.03.2012 in which the petitioner has been made a named accused. In view of the same, on the prayer made by learned counsel for the petitioner to ascertain the fact, the matter was

¶5

Patna High Court Cr.Misc. No.14821 of 2014 (4) dt.08-07-2014

¶6

2/2

¶7

passed over for the day. Today, it is accepted at the Bar that the petitioner is an accused in the aforesaid two cases. Learned counsel for the informant has further produced copy of the order dated 27.08.2011 in Sessions Trial Nos. 60 of 2010/02 of 2010 and 537 of 2010/52 of 2010 which goes to show that in the present case in which the petitioner seeks bail, all the other co-accused have been convicted and because the petitioner was absconding, his trial has been delayed.

¶8

Taking into consideration the aforesaid, this Court is not inclined to condone the fact that a wrong statement has been made with regard to the antecedent of the petitioner on oath. Though the Court could have initiated action against the deponent who has sworn the affidavit but refrains from doing so. Accordingly, the application stands dismissed on the aforesaid ground alone.

¶9

However, the Court below shall expedite the trial by constructing shadow record of the case and would conclude it preferably within a period of nine months.

¶10

(Ahsanuddin Amanullah, J.)

¶11

P. Kumar

¶12

Nemu Singh v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Nemu Singh v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Chandrama Sharma Vs The State Of Bihar

Ajay Yadav @ Ajay Rai @ Ajay Gope Vs The State Of Bihar

Md. Sajjad Akhtar Vs The State Of Bihar

Ashwini Kumar Vs The State Of Bihar

Sheoji Sharma Vs The State Of Bihar

Amit Sharma and Anr. Vs The State Of Bihar