Ramesh Biswas And ANR v. The State Of West Bengal

D/L26 07.02.2025 Rohit ct.no.28 C.R.M. (A) 378 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Chakdaha Police Station Case No. 191 of dated 19.02.2024 under Sections 420/406/465/467/468/471/34 of the Indian Penal Code And In Re: 1. Ramesh Biswas

2. Krishna Biswas @ Krishna Pada Biswas

...Petitioner

Ms. Minati Gomes Ms. Madhura Sinha Ms. Shanta Sarkar ...for the petitioners Mr. Madhusudan Sur Ms. Sujata Das ...for the State 1.

Heard learned Advocates for the parties.

2.

Petitioners contend they are adjacent neighbors of the defacto complainant. They are lawful owners of the land and have been falsely implicated. They pray for anticipatory bail.

3.

Learned Lawyer for the State opposes the prayer. 4.

We have considered the materials on record. It appears petitioners have utilized fake deeds to mutate their names in the records in respect of Plot No. 3351 Khatian No. 2270 Area 0.46 Satak. Modus operandi of the petitioners was to submit a fake and blank deed before the BL&LRO concerned

and illegally mutate their names in the land records. Though the BL&LRO concerned admits the entries were made on the basis of fake documents, she seeks to explain away the remissness as negligence. This aspect requires to be investigated vis-à-vis her role as an accomplice in the crime. Keeping in mind the daring nature in which the petitioners had entered their names in the land records on the strength of fake documents, we are not inclined to grant anticipatory bail to the petitioners.

5.

Copy of the order be communicated to the Superintendent of Police, Nadia and the further investigation in the case be conducted by a superior officer under his supervision particularly with regard to the role of the public servants at the BLLRO office in enabling the petitioners to make such illegal entry in the land records.

6.

With this direction, the application for anticipatory bail is, thus, rejected.

(Subhendu Samanta, J.) (Joymalya Bagchi, J.)