Dismissed¶17

Ranjan Kumar @ Ranjan Bind v. The State of Bihar

Patna HC5 Aug 2024CR. MISC./33736/2024

Case brief

AI extract

What is this about?

Regular bail petition dismissed as withdrawn; false certificate regarding prior bail applications; certifier held liable for contempt of Court or perjury; unconditional apology of Advocate on Record accepted with caution; permission to file fresh petition with correct statements; M.M. P.S. Case No. 211 of 2021, Thana Magadh Medical College, Gaya; IPC Sections 302 and 201/34; earlier anticipatory bail application Criminal Misc. Case No. 45590 of 2023 rejected by Co-ordinate Bench on 10.08.2023; Ranjan Kumar @ Ranjan Bind; Justice Jitendra Kumar; decided 05-08-2024.

What did the court decide?

No bail relief was adjudicated or granted; the only concession was permission to withdraw the petition so that a fresh petition with correct statements could be filed. ¶17

Ranjan Kumar @ Ranjan Bind Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

What the court decided

AI extract

Outcome

No bail relief was adjudicated or granted; the only concession was permission to withdraw the petition so that a fresh petition with correct statements could be filed.

¶17

Issue for consideration

Whether the petitioner is entitled to regular bail in connection with M.M. P.S. Case No. 211 of 2021 (offences under Sections 302 and 201/34 IPC). +3 more

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Ratio / Principle

The person who gave the certificate declaring that the petitioner had not earlier moved any regular or anticipatory bail petition is liable for contempt of the Court or for committing perjury.

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Key takeaways

The unconditional apology tendered by the petitioner's Advocate on Record is accepted, and he is cautioned not to repeat such offence in future.ratio¶14
Advocates on Record are Officers of the Court on whose statements the Court acts; misleading statements in petitions may cause miscarriage of justice.obiter¶14
Permission is accorded to the Advocate on Record to withdraw the present petition so that a fresh petition with correct statements may be filed.

Detailed headnote1 paragraphs

Patna High Court, Criminal Miscellaneous No. 33736 of 2024 (oral order of Jitendra Kumar, J., dated 05-08-2024): a regular-bail petition in M.M. P.S. Case No. 211 of 2021 (Magadh Medical College PS, Gaya; offences under Sections 302 and 201/34 IPC) was dismissed as withdrawn without the bail question being adjudicated. The petition carried a certificate stating that the petitioner had moved no earlier regular or anticipatory bail application; the office report showed this was untrue, as Criminal Misc. Case No. 45590 of 2023 (anticipatory bail) had been rejected by a Co-ordinate Bench vide order dated 10.08.2023. The Court held the giver of the certificate liable for contempt of the Court or committing perjury; accepted the unconditional apology tendered by the petitioner's Advocate on Record (Amrendra Kumar) and cautioned him not to repeat the offence, observing that Advocates on Record are Officers of the Court and that misleading statements in petitions may cause miscarriage of justice. Permission to withdraw and file a fresh petition with correct statements was accorded.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33736 of 2024

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Arising Out of PS. Case No.-211 Year-2021 Thana- MAGADH MEDICAL COLLEGE District- Gaya

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======================================================

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Ranjan Kumar @ Ranjan Bind Son Of Ram Bilash Bind @ Ram Vilas Jamadar Village - Lalu Bigha, Ps- Bind, Dist- Nalanda

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... ... Petitioner/s

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The State of Bihar ===============	==========	Versus ... ... Opposite Party/s =============================
Appearance :
For the Petitioner/s	: Mr.	Amrendra Kumar, Advocate
For the State	: Mr.	Upendra Kumar, APP
For the Informant ===============	: Mr. Mr. Mr. ==========	Mukeshwar Dayal, Advocate Vikas Mohan, Advocate Vikrant Kumar, Advocate =============================

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CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

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4 05-08-2024

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The petitioner seeks regular bail in connection with M.M. P.S. Case No. 211 of 2021 dated 10.08.2021 registered for the offence punishable under Sections 302 and 201/34 of the Indian Penal Code.

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In paragraph No.2 of the bail petition, it has been stated that petitioner has not moved any regular or anticipatory bail petition before this Court earlier. However, as per the office report the petitioner had moved Criminal Misc. Case No. 45590 of 2023 for anticipatory bail and same has been rejected by a Co-ordinate Bench of this Court vide order dated 10.08.2023.

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As such the person who has given certificate is liable for contempt of the Court or committing perjury.

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Patna High Court CR. MISC. No.33736 of 2024(4) dt.05-08-2024 2/2

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However, at this stage, Ld. counsel for the petitioner, who is Advocate on Record, tenders unconditional apology and undertakes not to repeat such offence in future.

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Seeing the sincere apology tendered from Ld. Advocate on Record for the petitioner, the apology is accepted. But Ld. Advocate on Record is cautioned not to repeat such offence in future. Advocates on Record are the Officers of the Court and Court acts on their statements, and if such misleading statements given in the petition, it may cause miscarriage of justice.

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At this stage, Ld. Advocate on Record is seeking permission to withdraw the present petition, so that he can file a fresh petition with correct statements.

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Permission is accorded.

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Accordingly, the present petition is dismissed as

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withdrawn.

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(Jitendra Kumar, J.)

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ravishankar/-

¶21

U T

Ranjan Kumar @ Ranjan Bind v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ranjan Kumar @ Ranjan Bind v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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What the court decided

Issues for consideration

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