Md. Rizwan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69207 of 2023 Arising Out of PS. Case No.-285 Year-2023 Thana- BIKRAM District- Patna ====================================================== Md. Rizwan Son Of Md. Alam Village- Isopur, Paithan Toli Phulwarisharif, Ps- Phulwarisharif, Dist- Patna, Revenue Karmchari (RAJASWA Karmchari) Bikram Anchal, Patna ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Lovekush Kumar For the Opposite Party/s :
Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 166A, 167, 420, 468, 471, 120B, 323, 504/34 of the Indian Penal Code.
3. This case relates to changing of status of the complainant's land by the officials of Government of Bihar in which the petitioner enjoying the post of revenue employee in collusion with circle officer, is specifically named to have demanded illegal gratification to issue rent receipts but on nonpayment of the same, the status of the land is said to have been changed.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.69207 of 2023(4) dt.29-02-2024 2/3 the petitioner is innocent and has been falsely implicated in this case. He submits that the digitization of the Jamabandi was not done by the petitioner nor at the relevant time he was in service and it was done by the private agency on the order of the government. He submits that S.P. No. 1190 having bigger area has already been corrected/rectified then for correction of smaller area of S.P. No. 1222 some gratification was demanded by the accused persons. He submits that the petitioner has not played any role in preparing Jamabandi Panji of the Block and such mistake has been committed by the private agency much prior to the period (2017-18) when the petitioner was not in service in Bikram Block. He further submits that petitioner one no criminal antecedent as stated in para-3 of the bail application.
5. Learned APP for the State and learned counsel for the informant opposed the prayer for bail.
6. Considering the nature of offence, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Bikram P.S. Case No. 285 of 2023.
7. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the
Patna High Court CR. MISC. No.69207 of 2023(4) dt.29-02-2024 3/3 learned court below on the same day without being prejudiced by this order considering the fact that there is no documentary evidence against the petitioner.
(Anjani Kumar Sharan, J) devendra/- U T