Dilip Kumar Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63169 of 2022 Arising Out of PS. Case No.-1000 Year-2021 Thana- BANKA District- Banka ====================================================== DILIP KUMAR PANDIT SON OF NAND KESHAV @ NAND KISHORE PANDIT R/O VILL.- PARARIYA, P.S.- BANKA, DISTT.- BANKA ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 13-04-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Banka P.S. Case No. 1000 of 2021, registered for the offences punishable under Sections 420, 467, 468, 471, 120(B) of the Indian Penal Code.

The informant Parvati Devi has made allegation that his two cousin brothers, Chakradhar Mandal and Ganesh Mandal, on the basis of forged genealogical table have sold out her properties. The petitioner is sarpanch and there is allegation that he is the person, who has signed the forged genealogical table.

The learned counsel for the petitioner has submitted that the petitioner is innocent. The records which were produced before him, he signed it. He has submitted further that the main

Patna High Court CR. MISC. No.63169 of 2022(5) dt.13-04-2023 2/3 accused Chakradhar Mandal and Ganesh Mandal, against whom there is allegation of grabbing properties, have been granted bail by the coordinate Benches of this Court. The petitioner is under custody since 02.09.2022 It has also been submitted that a title suit is pending between them.

On the other hand, the learned APP and the learned counsel for the informant have submitted that co-accused Chakradhar Mandal and Ganesh Mandal sold out the properties on the basis of forged genealogical table, prepared by the petitioner.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Banka P.S. Case No. 1000 of 2021, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have

Patna High Court CR. MISC. No.63169 of 2022(5) dt.13-04-2023 3/3 liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(iii) After release of the petitioner, the learned court below shall verify the criminal antecedent of the petitioner and it comes to the notice of the learned court below that the petitioner is involved in any other case, the learned court below shall be at liberty to cancel his bail bond.

(Nawneet Kumar Pandey, J) Nirmal/Kundan U T