Patna High Court – Orders
Bijay Pandey @ Bijoy Pandey vs The State Of Bihar on 30 July, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
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
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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
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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
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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
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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
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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
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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.
(Rajesh Kumar Verma, J)
Nitesh/-
U T