Barji Lal Mandal And ORS v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6058 of 2019 Arising Out of PS. Case No.-1277 Year-2017 Thana- COMPLAINT CASE District- Supaul ====================================================== 1.

Barji Lal Mandal Son of Late Chanchal Mandal 2.

Madhu sudan Mandal, son of Late Shiv Narayan Mandal 3.

Bhim Narayan Mandal Son of Late Moti Lal Mandal 4.

Dhansi Mandal @ Ghansi Mandal son of Late Laxman Mandal 5.

Hira Lal Mandal, son of Sri Barji Lal Mandal 6.

Umesh Kumar @ Umesh Kumar Mandal @ Masu Kumar Mandal son of Sri Barji Lal Mandal 7.

Manoj Kumar Mandal son of Sri Dhansi Mandal 8.

Sudhir Kumar Mandal son of Sri Dhansi Mandal All are resident of village- Belhi, P.S.- Marauna, District- supaul. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Chhutaharu Mandal @ Munna Lal Mandal Son of Late Munnilal Mandal resident of village- Belhi,P.S.-Marauna, District- Supaul. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amrit Abhijat For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-04-2019 The petitioners apprehend their arrest in connection with Complaint Case No. 1277(C) of 2017 registered under Sections 120B, 467,468 and 504/34 of the Indian penal Code. A supplementary affidavit has been filed on behalf of the petitioners and also a counter affidavit has been filed O.P.No. 2. The petition filed by the petitioners discloses that petitioners have no criminal antecedent however counter affidavit discloses

Patna High Court CR. MISC. No.6058 of 2019(3) dt.02-04-2019 2/3 that all petitioners have criminal antecedent. As such supplementary affidavit has been filed showing that petitioners have criminal antecedents.

Allegation against the petitioners is that by impersonating, he got two sale deeds executed with respect to land of the complainant. However, submission is that for that he has also filed a case before the Bihar Land Tribunal Redressal Forum and that has been decided in favour of petitioners and now for that present case has been filed.

Heard learned APP and learned counsel appearing on behalf of the informant. They have opposed the prayer for bail on the ground that petitioners have suppressed criminal antecedent in their main petition and secondly on the ground that case before the Bihar Land Tribunal Redressal Forum has been disposed of with direction to the petitioners and complainant to move before appropriate authority. They submit that though petitioners have filed a supplementary affidavit stating the criminal antecedents of petitioners, but in main petition it had not been found mentioned.

Considering the aforesaid facts and circumstances and mainly the ground of suppression of fact in the main petition, I am not inclined to grant them privilege of anticipatory bail.

Patna High Court CR. MISC. No.6058 of 2019(3) dt.02-04-2019 3/3 Provisional bail granted to them vide order dated 04.02.2019 is hereby cancelled. They are directed to surrender within a period of six weeks from the date of receipt of a copy of this order and make prayer for regular bail, which shall be considered on its own merit without being prejudiced by this order. (Vinod Kumar Sinha, J) sujit/- U T