IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21934 of 2009 1. AMOL SINGH SON OF LATE DEVILAL SINGH 2. AJIT SINGH SON OF AMOL SINGH 3. SUDHIR SINGH 4. SUBODH SINGH,BOTH SONS OF LATE PRAMOD SINGH,ALL RESIDENTS OF VILLAGE SANHOULI, P.S. CHITRAGUPTA NAGAR KHAGARIA, P.O. AND DISTRICT KHAGARIA 5. ASHUTOSH KUMAR SON OF LATE HARISH CHANDRA PRASAD, RESIDENT OF MOHALLA-CHITRAGUPTA NAGAR, WARD NO.14, P.O. AND P.S. AND DISTRICT KHAGARIA 6. VIJAY YADAV SON OF LATE LAKHAN YADAV, RESIDENT OF VILLAGE CHUKTI, P.O. AND P.S. MANSI, DISTRICT KHAGARIA---PETITIONERS Versus THE STATE OF BIHAR & ANR ----------- Cr.Misc. No.22095 of 2009 1. SUDHIR SINGH ,SON OF RAGHU NANDAN SINGH,RESINDENT OF VILLAGE HAJIPUR, POLICE STATION BARAUNI DISTRICT BEGUSARAI, A/P BHARTI NAGAR, P.S. CHITRAGUPTA NAGAR, DISTRICT KHAGARIA 2. RAMESH CHANDRA MISHRA SON OF LATE ANIKLAL MISHRA, RAJASWA KARAMCHARI, SANSARPUR AND RANKI MAUZA R/O NALA ROAD, JAIPRAKASH NAGAR, P.S. AND DISTRICT KHAGARIA 3. POONAM KUMARI DEVI, WIFE OF RAMESH CHANDRA MISHRA,RESIDENT OF NALA ROAD, JAIPRAKASH NAGAR, P.S. AND DISTRICT KHAGARIA-----PETITIONERS. Versus STATE OF BIHAR ----------- 2 14.7.2009 In these two applications petitioners apprehend arrest in Complaint case No.87C/2009 pending before Judicial Magistrate, Ist Class, Khagaria for offences alleged under Sections 465,466,467,468,420,120B/34 of the Indian Penal Code. As per complaint which has been filed under power of attorney by the Care Taker of the Estate of Wing Commander Ramesh Chandra Sinha, it is alleged - 2 - that in respect of certain lands in the district of Khagaria there existed a Jamabandi in the name of Wing Commander’s ancesstors who are the owners and in possession thereof . In the year 2006 an application was made by the petitioner nos. 1 to 4 namely, Amol Singh, Ajit Singh, Sudhir Singh and Subodh Singh stating that the land belonged to them but the ex-landlord while filing the return forgot to disclose their identity in respect of the said lands and, as such a new Jamabandi may be opened in their favour. In these proceedings the brother of the Wing Commander appeared to oppose the same and the proceedings are pending. In the meantime, these four petitioners above named granted power of attorney in favour of petitioner nos. 5 and 6 being Ashutosh Kumar and Vijay Yadav. Then from the said land one katha of land sold to petitioner no.3 of the second application,namely, Poonam Kumari who happens to be the wife of Ramesh Chandra Sinha a Rajaswa Karamchari in the district of Khagaria itself. The sale deed though executed by the power of attorney holder of Amol Singh is also witness of Sudhir Singh himself. In the sale deed a Jamabandi is now referred to. The complainant on inquiry found that an old Jamabandi has been interpolated in which name of the four petitioners aforesaid and ancestors were recorded with details of the - 3 - present land. Inquiry is further revealed that rent receipts were issued to the four petitioners in the year 1978 and then in the year 2008. The complainant has brought this fact to the notice of this Court and submitted that on one hand these petitioners stated that their names and descriptions of land are missing as the Jamabandi forgot to mention the same. On the other hand, suddenly a Jamabandi appeared with the name of four petitioners and ancestors and description of land including payment of rent receipts which are contradictory in terms. Complainant submits that this would not have happened without the active connivance of the Rajaswa Karamchari who is petitioner no.2 Ramesh Chandra Mishra in the second application. On behalf of Sudhir Singh and Ramesh Chandra Sinha it is submitted that there is nothing to do with the matter. Ramesh Chandra Singh’s wife wanted to purchase the land and they are innocent purchasers. Sudhir Singh has nothing to do with the entire transaction. The four petitioners aforesaid submits that the Jamabandi was found to be in their ancestors name and, as such, they had got rent receipts issued in the year 1978 but the learned counsel fails to explain as to then how in the year 2006 they made an application for creation of Jamabandi in their name. Alleging that the ex-landlord forgot to - 4 - make a declaration in their respect. These things in my view, prima facie, show a very serious affair where Government record are being interpolated. It requires thorough inquiry without interference. In that view of the matter, I am not inclined to grant anticipatory bail to the petitioners. Both the applications are dismissed accordingly. The petitioners are required to surrender in the Court below within four weeks from today which would be considered on its own merit, without being prejudiced by the order of this Court. (Navaniti Pd. Singh.) A.Kumar