Jharkhand High Court
Laxman Prasad Tikmani vs The State Of Jharkhand Through Anti ... on 14 June, 2018
Author: Anant Bijay Singh
Bench: Anant Bijay Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 1414 of 2018
Laxman Prasad Tikmani ...... Petitioner
Versus
The State of Jharkhand through Anti Corruption Bureau (Vigilance)
...... Opposite Party
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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
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For the Petitioner : Mr. Sumeet Gadodia, Advocate
For the A.C.B. : Mr. T.N. Verma, S.C.
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C.A.V. On 13/06/2018 Pronounced on 14/06/2018
Heard learned counsel for the petitioner and learned counsel for the Anti corruption Bureau.
The petitioner is apprehending his arrest in connection with the case registered under Sections 409, 406, 420, 467, 468, 471, 109, 120-B of the Indian Penal Code and Section 13(2) read with Section 13(1)(c) & (d) of the Prevention of Corruption Act.
The case of the prosecution is that one Shakal Dev Ram Police Inspector A.C.B, Chaibasa submitted a written report of Deputy Superintendent of Police, Ranchi alleging that a preliminary enquiry vide PE No. 5/15 dated 21.03.2015 was conducted, from which it revealed that one Ashok Kumar Khelari had given a written application to the Secretary, Revenue Board alleging therein that land appertaining to Thana No. 17, Anchal-Khelari,, District-Ranchi Khata No. 84, Plot No. 189 total area of 80 acres was recorded in the recent survey as Gair Majarua land. The aforesaid land of 1/4 i.e. 20 acres was being claimed by Laxman Prasad Tikmani on the basis of forged Hukumnama dated 15.04.1942 in favour of Ramanand Tikmani and Jamabandi was created in the bid to stake claim on government land. On the basis of these allegation, the instant case has been instituted against the petitioner, Usha Tigga, the then Karmchari of Khelari Office and other co-accused.
Learned counsel for the petitioner while pressing the bail application has referred to order of the L.R.D.C, Ranchi passed in Misc. Case No. 6/2012-13, Tr. No. 09/2013-14 rejected the proposal of the Circle Officer for cancellation of Jamabandi in the name of Ramanand Tikmani. It is also referred to Annexure-4 and submitted that this order was affirmed by the Additional Collector, Ranchi. It is also submitted that no case under the Prevention of Corruption Act is made out against the petitioner as the petitioner is a private person, hence petitioner deserve the privilege of anticipatory bail.
On the other hand, learned standing counsel on behalf of the A.C.B has filed the counter affidavit and referred to para 11 in which I.O of this case has recorded the statement of the petitioner which is mentioned in para 242 of the case diary. It is also submitted that there is ample material has come against the petitioner who has created false Jamabandi for making efforts of grab of Gair Mazarua land.
From perusal of the case diary, para 36 wherein statement of one Ashok Kumar has been recorded on 02.05.2016, it appears that he has supported the fact and stated that father of the petitioner is resident of Muzafarpur and petitioner is also Advocate in Muzafarfur and he has no connection with Khelari. It is also stated that father of the petitioner on the basis of Sada Hukumnama is trying to grab 20 acres of government land. Similar statement of Harendra Kumar Singh is recorded in para 39 of the case diary on 22.05.2016. He has further stated that the land in dispute is recorded in registered 2, volume-1 page No.100 which has been found to be forged in course of verification as receipt has not been issued to the concerned Karmchari and the rent has not been deposited with the Government.
Taking all these facts and in view of the nature of allegation, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected.
(Anant Bijay Singh, J.) Satayendra/