IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4768 of 2010 MAHESH PRASAD @ MAHESH PRASAD YADAV son of late Garbhu Gope alias Yadav, resident of mohalla Ramchandrapur, P.S. Laheri, District Nalanda.. …Petitioner Versus THE STATE OF BIHAR.. ..OPPOSITE PARTY For the Petitioner: Mr. Pramod Kumar Sinha No. 1, Advocate For the State: Mr. Rajesh Kumar, A.P.P. For the Informant: M/s Bipin Kumar and Arun Kumar,Advocates ----------- 2 26.02.2010 Heard learned counsel for the petitioner, the State and the informant, who files vakalatnama on her behalf. The petitioner seeks bail in a case registered under sections 420, 467, 468 and 471/34 of the Indian Penal Code. It is submitted on behalf of the petitioner that without any basis, the informant has stated in the first information report that the share of the petitioner was only 7 decimals of the concerned plot, though actually the share of the petitioner is about 9 decimals of land. It is also submitted that in the first information report, it has not been stated that anybody had obstructed the informant from constructing the boundary wall. The informant Janak Dulari Devi along with Aruna Devi, who is other vendee, 2 had also filed Title Suit No. 150 of 2005 for declaration of their right, title and interest upon the land in question on the strength of the sale deed executed by the petitioner in the year 2005 itself. However, the first information report has been lodged in the year 2009 by way of pressure tactics. It is also contended that this is a case of civil nature. The petitioner is stated to be in jail custody since 14.11.2009. Learned counsel for the informant submitted that the petitioner has executed sale deed to different persons beyond his share and, thus, he has cheated the informant. Considering the facts and circumstances of the case, I direct the abovenamed petitioner, MAHESH PRASAD @ MAHESH PRASAD YADAV, to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Bihar Sharif in Laheri Police Station Case No. 235/09. SC ( Dr. Ravi Ranjan, J.)