IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.2065 of 2009 TAPESHWAR PRASAD SINGH, SON OF LATE HARIHAR PRASAD SINGH, RESIDENT OF VILLAGE – RAKIA, P.S. – BIHRA, DISTRICT – SAHARSA .......................... PETITIONER Versus THE STATE OF BIHAR ................... OPP. PARTY WITH Cr. Misc. No. 10321 of 2009 BACHHAN PRASAD SINGH, SON OF LATE SURESH PRASAD SINGH, RESIDENT OF VILLAGE – BIRATPUR, P.S. – SONBARSA RAJ, DISTT.- SAHARSA ......................... PETITIONER Versus THE STATE OF BIHAR ............... OPP. PARTY WITH Cr. Misc. No. 12358 of 2009 CHANDAN KUMAR, SON OF PULKIT SAH, RESIDENT OF VILLAGE – BIRATPUR, P.S. – SONBARSA RAJ, DISTT. – SAHARSA ....................................... PETITIONER Versus THE STATE OF BIHAR ................................ OPP. PARTY ----------- 4 12.05.2009 Cr. Misc. No. 2065 of 2009 on behalf of Tapeshwar Prasad Singh, Cr. Misc. No. 10321 of 2009 on behalf of Bachhan Prasad Singh and Cr. Misc. No. 12358 of 2009 on behalf of Chandan Kumar are the three applications arising out of the same complaint case hence they have been heard together and are being disposed of by this common order. The petitioners apprehend their arrest in Complaint Case No. 1767 C of 2007 under Sections 420, 323 and 504 of the Indian Penal Code. The complainant alleged that Krishna Devi and Bidyanand Sah whose names were mutated with respect to the land under complaint on which she was constructing a house and in respect of which they had executed deed of relinquishment in her (complainant’s) favour but subsequently petitioners got sale deed in - 2 - their favour executed by some imposters in place of Krishna Devi and Bidyanand Sah. Learned counsel referring to Annexure – 4 to Cr. Misc. No. 12358 of 2009 points out that Krishna Devi and Bidyanand Sah have already filed a petition before the learned Judicial Magistrate stating that they have, in fact, sold the land. The petitioner Tapeshwar Singh is said to be the purchaser and petitioners Bachhan Prasad Singh and Chandan Kumar are said to be identifier on the sale deed. Learned counsel for the petitioners submits that they have been implicated in case on the allegation of wrong identification of executant on the sale deed but Krishna Sah and Bidyanand Sah have admitted that they executed the sale deed. In the facts and circumstances, petitioners namely, Tapeshwar Prasad Singh, Bachhan Prasad Singh and Chandan Kumar admitted to anticipatory bail. They are directed to surrender in the court below within two weeks from today and on their surrender they shall be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Shri S. K. Dixit, Judicial Magistrate, Ist Class, Saharsa/concerned court in connection with Complaint Case No. 1767 C of 2007 subject to condition laid down under Section 438(2) of the Cr.P.C. Kundan (C. M. Prasad, J.)