IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15789 of 2010 1. Jamahira Mahto. 2. Shukar Mahto. Both sons of Dallu Mahto. 3. Sunil Mahto. 4. Dinesh Mahto. Both sons of Jagdish Mahto @ Jamahira Mahto. All are residents of Village-Kusber, P.S. Deori, District- Giridih(Jharkhand). 5. Arjun Pandit, Son of Late Shukar Pandit, resident of Village- Butarba Tarnh, P.S. Deori, District- Giridih(Jharkhand)....................................................petitioners. Versus THE STATE OF BIHAR..........................................Opposite party. ----------- 3. 07.07.2010. Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case registered under Sections 364,302, 201 and 34 of the I.P.C. It is alleged that on 08.09.2005, the accused persons including the petitioners asked the husband of the informant, who was depressed person, for executing the sale deed on 08.09.2005 the husband of the informant went in the company of the accused persons and never returned. For that a substantive case being Deori P.S. Case NO. 94 of 2005 was registered on 17.09.2005 as contained in Annexure-2. On 30.05.2008, again the accused persons came and asked the informant to 2 execute the sale deed which raised apprehension as a result of which the present case has been filed on 09.11.2009 for the initial cause of action dated 08.09.2005. Learned counsel for the State, however, submits that the petitioners are named in the F.I.R. and suspicion has been raised against them but he admits that there is land dispute between the parties and both sides are agnates. Considering the fact that there is land dispute between the parties and on mere suspicion for the occurrence between 08.09.2005 and 30.05.2008 the F.I.R. was lodged in 2009 for which a substantive case has already been filed in 2005 itself and the petitioners have no criminal antecedent, let the petitioners, above named, be released on bail on their surrender before the learned court below within a period of twelve weeks from today in connection with Simultalla P.S. Case No. 74 of 2009 arising out of complaint case no. 636C of 2008 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Jamui, 3 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K. (Dinesh Kumar Singh,J)