IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.9825 of 2009 1. Satish Chandra Singh son of Late Gujai Singh, 2. Ghandra Shekhar Singh son of Satish Chandra Singh, 3. Pappu Singh son of Satish Chandra Singh, 4. Md. Wasif son of late Md. Siddique, 5. Md. Samim son of Md. Fida Hussain, Serial no.1 to 5 residents of Village- Dhena, P.S.-Azam Nagar, District- Katihar. 6. Shyam Singh son of Late Biru Singh, 7. Md. Yaqub son of Late Ramjan Ali, 8. Md. Samir son of Md. Yaqub, 9. Rabbani son of Mahboob Ansari, 10. Md. Issa son of Sattar, 11. Md. Karim son of Late Mohimohmad, Serial no. 6, 7, 8 and 9 residents of village- Hatbroul, P.S. Azam Nagar, District-Katihar. Serial No. 10 resident of Village-Ganga Nagar, P.S.-Prapur, District- Katihar. Serial No. 11 resident of Village Hariharpur, P.S.- Harischandrapur, District- Malda (W.B.). . . . . . Petitioners. Versus STATE OF BIHAR WITH Cr. Misc. No.11552 of 2009 RAGHUNATH SINGH, son of Hiraman Singh, Resident of Village- Maltabad, P.S.-Harishchandrapur, District-Maldah (W.B.). . . . .Petitioner. Versus STATE OF BIHAR ----------- 2/ 10.06.2009 Heard learned counsel for the petitioners and the State. Petitioners are apprehending their arrest in connection with a case registered for the offence under Section 379 and other allied Sections of the Penal Code and Section 27 of the Arms Act. It is submitted on their behalf that they are alleged to have committed theft of the Makhana crop grown over plot no. 1238 appertaining to khata no. 335 measuring an area of 1.63 acres. It is submitted on their behalf that the aforesaid land was settled in their favour by the Additional Collector, Katihar under Memo no. 1435 dated 26th September, 2005 - 2 - and pursuant thereto they have grown Makhana crop over the land in question and cannot be alleged to have committed theft of the Makhana crop in the light of the aforesaid settlement. Let the petitioners named above surrender in the court below (Chief Judicial Magistrate, Katihar) within four weeks from today in connection with Azam Nagar P.S. case no. 09 of 2009 and apply for bail which should be considered in the light of the instruction of the Additional Collector contained in Memo No. 1435 dated 26th September, 2005 and if it is found that the land in question were settled in their favour they be admitted to the privilege of bail. Until such verification no coercive step be taken against the petitioners named above. Let this order be communicated to the court below through fax on payment of usual charges by the petitioners. Uday/ (V. N. Sinha, J.)