Ramesh Lal Das vs The State Of Bihar on 11 August, 2025

0
2

Patna High Court – Orders

Ramesh Lal Das vs The State Of Bihar on 11 August, 2025

Author: Rajesh Kumar Verma

Bench: Rajesh Kumar Verma

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22195 of 2025
                     Arising Out of PS. Case No.-128 Year-2024 Thana- PRATAPGANJ District- Supaul
                 ======================================================
                 Ramesh Lal Das S/O Late Badri Lal Das Resident of Village- Pluwaha, Ward
                 No. 03, P.S- Jadia, Distt.- Supaul (Bihar).

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Munmun Pandey D/o Padam Chand Pandey, R/o Akeenpada, Damodar
                 Bhawan, Netaji Road, P.S. Jiyaganj, District- Murshidabad, West Bengal, at
                 present R/0 Vill- Bhawanipur south, ward no. 7, P.S.- Pratapganj, Distt-
                 Supaul

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Rohit Kumar, Advocate
                 For the State           :        Mr. Narendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   11-08-2025

Despite of entered appearance through Vakalatnama,

no one appears on behalf of the Informant.

2. Heard Mr. Rohit Kumar, learned counsel for the

petitioner and Mr. Narendra Kumar Singh, learned APP for the

State.

3. The petitioner is apprehending his arrest in

connection with Pratapganj P.S. Case No. 128 of 2024, F.I.R.

dated 10.07.2024 registered for the offences punishable under

Sections 467, 468, 420, 120B, 354, 323, 504 of the Indian Penal

Code and based on the complaint petition by the informant, the

SDJM refer the matter to police under Section 156(3) of the

Criminal Procedure Code and the present F.I.R. was instituted.
Patna High Court CR. MISC. No.22195 of 2025(3) dt.11-08-2025
2/6

4. 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

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
Patna High Court CR. MISC. No.22195 of 2025(3) dt.11-08-2025
3/6

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.

5. Learned counsel for the petitioner submits that the

petitioner having clean antecedent and he has been falsely

implicated in the present case. He further submits that the

allegation as alleged in the F.I.R. is false and fabricated and the

petitioner has not committed any offence as alleged in the F.I.R.

As per allegation, in the F.I.R., the accused persons including

the petitioner altering the owner’s name of Damodar Pandey and

reducing the recorded area to 2 Katha 6 Dhur in the Register-II.

In fact, the petitioner was Halka Karamchari and as per

allegation in the F.I.R. the alleged occurrence had taken place

between April 2023 and 09th May, 2023 and petitioner had given
Patna High Court CR. MISC. No.22195 of 2025(3) dt.11-08-2025
4/6

the charge of the newly appointed Halka Karamchari namely

Rahul Kumar on 21.02.2023 which suggests that on the date of

occurrence the petitioner was not serving as a Halka Karmchari

in Circle Office, Pratapganj and he has handed over all the

records to said Rahul Kumar two months prior of the alleged

offence as alleged in the F.I.R. In fact, the petitioner is a retired

Government servant and is currently working on a contract basis

and throughout his service, he has maintained an unblemished

record and no complaints or allegations of misconduct have ever

been made against him. In fact, the petitioner is not the

beneficiary of the alleged occurrence and the beneficiary of the

alleged occurrence is other co-accused persons namely Niraj

Kumar, Bijay Pandey @ Bijoy Pandey and Kalicharan Gothi

and they have been granted the privilege of anticipatory bail by

this Court vide order dated 30.07.2025 passed in Cr. Misc. No.

26324 of 2025 and Cr. Misc. No. 10296 of 2025.

6. Learned APP for the State has opposed the prayer

for anticipatory bail of the petitioner.

7. Considering the facts and circumstances of the

case and the fact that the petitioner having clean antecedent and

he has been transferred from the place of occurrence before the

date of occurrence and he has handed over all the records to his
Patna High Court CR. MISC. No.22195 of 2025(3) dt.11-08-2025
5/6

Successor namely Rahul Kumar on 21.02.2023 itself and

similarly situated co-accused persons have been granted the

privilege of anticipatory bail by this Court, let the petitioner,

above named, in the event of his 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/- (Rupees Ten Thousand) with two sureties of the

like amount each to the satisfaction of learned Chief Judicial

Magistrate, Birpur 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 Criminal Procedure/ Section

482(2) of BNSS, 2023 and with other following conditions :-

(1) 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

on his absence on two consecutive dates without sufficient

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

(2) If the petitioner tampers with the evidence or the

witness, in that case, the prosecution will be at liberty to move

for cancellation of bail.

(3) And, further condition that the court below shall

verify the criminal antecedent of the petitioner and in case at
Patna High Court CR. MISC. No.22195 of 2025(3) dt.11-08-2025
6/6

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)
Ibrar//-

U          T
 



Source link

LEAVE A REPLY

Please enter your comment!
Please enter your name here