IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34686 of 2011 1. Nagendra Prasad Singh S/O Late Hariharan Singh R/O Mohalla - Ramji Chak, Bataganj, P.S. Digha, Distt. Patna 2. Raajev Ranjan Singh S/O Late Jitendra Singh R/O Mohalla - Ramji Chak, Bataganj, P.S. Digha, Distt. Patna – Petitioners. Versus 1. The State Of Bihar - Opp. Party. 2 24.10.2011 Heard the parties. The petitioners who apprehend their arrest were the owners of the land. The petitioners’ father entered into an agreement with accused no.4 to sell the land. After that the petitioners took the consideration money from the complainant and executed a power of attorney. It appears that the complainant and accused no.4 are connected in some manner. It is further submitted that they are the partners. It later transpired that the petitioners sold the land to accused no.4 which has led to the filing of this case. The complainant’s wife has file T.S. No. 377/2011 before the Sub Judge I, Patna claiming possession and also claiming that she may not be disturbed as she has already obtained possession of the land. The State counsel submits that the petitioners have created confusion by executing the power of attorney in favour of the complainant and at the same time executing a sale deed in favour of Laxman Prasad. Counsel for the petitioners submits that accused no.4 Laxman Prasad and the complainant had entered into a partnership to purchase the land jointly. Since a suit is already pending in which the petitioners 2 are party, I direct that they should be released on anticipatory bail in the event of their arrest or surrender within six weeks, in Complaint Case No. 83©/2010 on furnishing bail bonds of rupees ten thousand each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st class, Patna, subject to the conditions laid down under section 438(2) of the Cr.P.C. haque ( Sheema Ali Khan, J .)