Pantlal Mandal vs The State Of Bihar on 28 July, 2025

Patna High Court – Orders

Pantlal Mandal vs The State Of Bihar on 28 July, 2025

Author: Rajesh Kumar Verma

Bench: Rajesh Kumar Verma

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35600 of 2025
                        Arising Out of PS. Case No.-559 Year-2023 Thana- BANKA District- Banka
                 ======================================================
                 Pantlal Mandal S/o Late Kishori Mandal R/o Village- Koltha, P.S.- Barahat,
                 District- Banka

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Sakuntala Devi, W/o Late Jaldhar Singh, village Katiya Jagdispur, P.O. -
                 Punasiya, P.S.- Rajaun, Dist.- Banka

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Praveen Kumar, Advocate
                 For the Opposite Party/s :       Mr. Md. Najmul Hodda, Advocate
                 For the State            :       Ms. Renu Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   28-07-2025

Heard Mr. Praveen Kumar, learned counsel for the

petitioner, Mr. Najmul Hodda, learned counsel for the O.P.

No.2/informant and Ms. Renu Kumari, learned Additional

Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in

connection with Banka P.S. Case No. 559 of 2023, F.I.R. dated

15.08.2023 for the offences punishable under Sections 147, 149,

341, 504, 420, 467, 468, 471 and 34 of the Indian Penal Code.

3. According to prosecution case, the complainant

alleges that 50.5 decimals of land originally belonging to his

father, Etwari Singh (Jamabandi No. 89), had been legally sold

in parts through registered sale deeds in 1983 and 1993 to
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various individuals including the complainant’s husband, her

brother-in-law (Dewar), and Nira Devi. However, Karu Singh,

in collusion with his grandson Bablesh Kumar Singh and others,

fraudulently resold the already sold land to several new buyers

in November 2022 using fake sale deeds. On 19.01.2023, these

accused persons allegedly tried to encroach upon the land by

constructing huts and assaulted the complainant’s side. Due to

errors by the revenue staff and Anchaladhikari, the mutation of

Jamabandi No. 89 was not updated properly, which allowed

Karu Singh to exploit the situation and resell the land illegally.

Mutation applications by new buyers were later canceled.

4. Learned counsel for the petitioner submits that

petitioner has clean antecedent and he has falsely been

implicated in the present case. It appears from the F.I.R. itself

that the petitioner has no role at all in the present occurrence.

The allegation against the co-accused person, namely, Karu

Singh, is that he has sold the land in question, twice, one to the

petitioner and one to another person. As per the allegation in the

F.I.R./complaint petition, the petitioner is also conspirator in the

present case. Learned counsel for the petitioner next submits

that the petitioner is neither the seller nor the buyer and he is not

the beneficiary of the land in question and he has been made
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accused due to ulterior motive.

5. The learned Additional Public Prosecutor as well as

learned counsel for the informant have vehemently opposed the

prayer for bail of the petitioner and submits that the petitioner

along with the other accused persons have sold the land in

question to another person.

6. Considering the aforesaid facts and circumstances,

the petitioner has clean antecedent, there is no specific

allegation against the petitioner in the F.I.R./complaint petition,

let the petitioner, above named, in the event of 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) with two

sureties of the like amount each to the satisfaction of the learned

Chief Judicial Magistrate, Banka, in connection with Banka P.S.

Case No. 559 of 2023, subject to the conditions as laid down

under Section 438(2) of the Code of Criminal Procedure /

Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and

with other following conditions:-

i. Petitioner 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
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on his absence on two consecutive dates without sufficient

reason, his bail bond shall be cancelled by the Court below.

ii. If the petitioner tampers 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 petitioner and in case at

any stage it is found that the petitioner has concealed his

criminal antecedent, the court below shall take step for

cancellation of bail bond of the petitioner. 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.

(Rajesh Kumar Verma, J)
sharun/-

U      T