IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26324 of 2025 Arising Out of PS. Case No.-128 Year-2024 Thana- PRATAPGANJ District- Supaul ====================================================== Niraj Kumar S/o- Jagannath Lal Das @ Jagarnath Lal Das Resident of village - Bauraha, Police Station - Karjain, Dist- Supaul ... ... Petitioner/s Versus 1. The State of Bihar 2. Munmun Pandey S/O Padam Chand Pandey @ Padam Chandar Pandey R/O Bhawanipur Dakshin Ward no. 07 P.S. Pratapganj Dist Supaul, at present Mankpaza, Damodar Bhawan, Netaji Road, P.s.-Jiyaganj, District- Murshidabad, West Bengal. ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 10296 of 2025 Arising Out of PS. Case No.-128 Year-2024 Thana- PRATAPGANJ District- Supaul ====================================================== 1. Bijay Pandey @ Bijoy Pandey Son of Ratanchand Pandey R/o-Village Gankpura Damodar Bhawan, Netaji Road, PS- Jiaganj, District- Murshidabad (West Bengal) at Present Residing at Village- Bhawanipur (South) Ward No. 7, PS- Pratapganj, District- Supaul 2. Kalicharan Gothi Son of Late Kisturchand Gothi @ Late Kistur Chandra Gorhi Residing at Village- Bhawanipur (South), Ward No. 7, PS- Pratapganj, District- Supaul ... ... Petitioner/s Versus 1. The State of Bihar 2. Munmun Pandey D/O- Sri Padam Chand Pandey R/o-Village Gankpura Damodar Bhawan, Netaji Road, PS- Jiyaganj, District- Murshidabad (West Bengal) 3. The Circle Officer, Anchal and Block- Pratapganj, Distt.- Supaul Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 26324 of 2025) For the Petitioner/s : Mr.Arun , Advocate For the Opposite Party/s : Mr.Ram Bilash Roy Raman, APP (In CRIMINAL MISCELLANEOUS No. 10296 of 2025) For the Petitioner/s : Mr.Amrit Abhijat, Advocate For the Opposite Party/s : Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 3 30-07-2025 Heard Mr.Arun, learned counsel for the petitioner and Mr.Ram Bilash Roy Raman,learned Additional Public Patna High Court CR. MISC. No.26324 of 2025(6) dt.30-07-2025 2/7 Prosecutor for the State (In Criminal Miscellaneous No. 26324 of 2025) and Mr.Amrit Abhijat, learned counsel for the petitioners and Mr.Binod Kumar, learned APP for the State (In Criminal Miscellaneous No. 10296 of 2025). 2. The petitioners are apprehending their arrest in connection with Pratapganj P.S.Case No.128 of 2024, FIR dated 10.07.2024 registered for the offences punishable under Sections 467,468,420,120B,354,323,504 of the Indian Penal Code. 3. The prosecution case as per the informant Munmun Panday is that her father Padam Chand Panday is 90 years old and has no son, so he used to leave with his daughter at Murshidabad, West Bengal. It is stated that the informant used to take care of the house and landed property belonging to her father situated at village-Jiyaganj, Pratapganj, Supaul. It is stated that 3 Kattha 9 Dhur land of Khesra 3933 under Khata 201 situated at Mauja Bhavanipur, Thana No. 151 is self acquired property of informants father, which is in his peaceful possession and is registered in his name in Jamabandi Register- II in Jamabandi No. 673. The informant gave money to accused Bijay Panday for paying the rent from the year 2016-17 to the year 2021-22. The accused obtained the rent receipt, as required Patna High Court CR. MISC. No.26324 of 2025(6) dt.30-07-2025 3/7 and gave it to the informant. There after the accused Bijay Panday, with intention to grave informant's valuable land and house, in collusion with the accused Kali Charan Gothi, Niraj Kumar and the then Halka Karmchari Ramesh Lal Das & Rahul Kumar and also the then C.O.-Pratapganj Anshu Kumar and the computer operator Amit Kumar Singh committed forgery in the Register-II in Jamabandi No. 673 and interpolated the name of Damodar in place of Padam Chand and also interpolated the area 2 Kattha 6 Dhur in place of 3 Kattha 9 Dhur. It is also used that then C.O. Anshu Kumar also forged and interpolated the above mentioned interpolation in the online records of the said land from his dongal and then after entering the forged online Jamabandi issued forged rent receipts in the name of Late Damodar Panday. When the informant came to know about the said forgery committed by the accused person, she asked the accused Bijay Panday about it but he started abusing and assaulting the informant in presence of the witnesses. Is stated that the accused Bijay Panday has earlier also committed offence against the informant for which Pratapganj P.S. case No. 218/23 is registered against him. 4. Learned counsel for the petitioners submits that petitioners have clean antecedent. Earlier the cousin sister of the Patna High Court CR. MISC. No.26324 of 2025(6) dt.30-07-2025 4/7 petitioners (Cr. Misc. No.10296/2025) has filed a complaint case bearing Complaint Case No.219(C)/2024 before the learned S.D.J.M., Birpur alleging therein that her father Padam Chand Pandey is 90 years old, so he used to live with his daughter at Murshidabad, West Bengal and the petitioners in connivance with Halka Karamchari as well as Circle Officer, Pratapganj and in connivance with the computer operator also committed forgery in Register-II in Jamabandi No.673 and interpolated the name of Damodar in place of Padam Chand and also interpolated the area 02 Katha 06 Dhur in place of 03 katha 09 Dhur and after entering the forged online Jamabandi issued forged receipt in the name of Late Damodar Pandey. Learned A.C.J.M, Birpur directed the S.H.O. of Pratapganj to institute FIR against the petitioners and accordingly Pratapganj P.S.Case No. 128 of 2024 was registered on 10.07.2024. 5. Learned counsel for the petitioners submits that the allegation as alleged in the FIR is false and fabricated and the petitioners have not committed any offence as alleged in the FIR. In fact the petitioners of Cr.Misc. No. 10296/2025 have filed a Title Suit No.15/2024 on 06.02.2024 which was admitted on 27.03.2024 and summons were issued against the father of complainant and after receiving the summons the Patna High Court CR. MISC. No.26324 of 2025(6) dt.30-07-2025 5/7 present FIR was instituted. Learned counsel for the petitioners submits that petitioner No.2, namely, Kalicharan Gothi in Cr.Misc. No. 10296/2025 is not connected with either the complainant and petitioner No.1 rather he is neighbour and there is no specific allegation of any assault or overt-act attributed against him and main allegation is doing the interpolation in the revenue records whose custodian is Circle Officer, Pratapganj but in the present case, the Circle Officer has not been made accused and the complainant and petitioners of Cr.Misc. No. 10296 of 2025 are agnates to each other the grandfather of petitioner No.1, namely, Bijay Pandey @ Bijoy Pandey and complainant Damodar Pandey was having homestead house in 4.6 dhurs of land including 2.6 dhur of land which is subject matter of present case. The uncle of petitioner Sri Padam Chand Pandey sold 4.5 dhur homestead land including entire 02 katha and 06 dhur of land of Jamabandi No.673 in favour of Ramesh Prasad Yadav who happens to be the husband of Block- Pramukh Pratapganj vide sale deed No.2416 which suggests that the present case is malacious prosecution against the petitioner and the petitioner of Cr. Misc. No. 26324 of 2025 is a private Munsi of Revenue Karamchari, (namely, Ramesh Lal Das) and he has not interpolated in any record as alleged by the Patna High Court CR. MISC. No.26324 of 2025(6) dt.30-07-2025 6/7 informant in the FIR and alleged occurrence took place on 05.09.2023 and the instant case has been filed on 10.07.2024 after receiving the notice in Title Suit No. 15 of 2024. 6. Learned counsel for the informant as well as learned A.P.P. for the State, on the other hand, have vehemently opposed the prayer for anticipatory bail of the petitioners and submits that the petitioners, in collusion with the Government Officials, have interpolated in the revenue record and tried to grab the land of the informant’s father. 7. Considering the aforesaid facts, petitioners have clean antecedent, Title Suit No. 15 of 2024 is going on between the parties for the same set of land and the allegation as alleged against the petitioners as alleged in the FIR that they have interpolated in Register-II, the same was not on behest of the petitioners, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000 (Ten Thousand)each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Birpur, Supaul in connection with Pratapganj P.S.Case No.128 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Patna High Court CR. MISC. No.26324 of 2025(6) dt.30-07-2025 7/7 Criminal Procedure/Section 482(2) of BNSS, 2023 and with other following conditions:- (I) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below. (II) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. (III) And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. Nitesh/- (Rajesh Kumar Verma, J) U T