IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13062 of 2008 MAHENDRA YADAV @ MANINDRA PRASAD YADAV Versus THE STATE OF BIHAR ----------- 02 14.05.2008 The petitioner is in custody in relation to Gobardhna Police Station Case No. 11 of 2004 instituted under Sections 406, 420 and other Sections of the Indian Penal Code read with Prevention of Atrocities against Scheduled Caste and Scheduled Tribe Act. It is alleged by the informant that he was living in his ancestral house in the village and Awadh Pandey mounted pressure on him to vacate or agree to buy the petitioner’s estate if the informant agreed to purchase the said. Informant with difficulty gave money to Awadh Pandey and the Awadh Pandey failed to execute the sale deed for the last four years and now nephew of Awadh Pandey has sold the land to some other person who all joined together to coerce the informant to vacate the land. The petitioner submits, firstly, that it is all belated pleas by the informant, inasmuch as the informant admits in the F.I.R. that his name is entered in revenue records of the government. Informant as per his own statement is about 60 years old and it cannot be believed that he has just recently discovered that he was paying for purchase of his own land which he did not know. Secondly, it is submitted that the nature of the dispute as referred in the F.I.R. is apparently a civil dispute for which a criminal prosecution would not lie and thirdly the learned Judge himself having granted anticipatory bail to the purchasers of the land ought not to have refused petitioner’s bail application for the petitioner was neither the seller nor the purchaser nor gave any undertaking to sell the land to the petitioner. Lastly, the purchaser having already been granted bail by the said Court itself. Petitioner ought to have been granted. It is a matter of regret that the same Court grants anticipatory bail to the purchasers who subsequently go and threaten to secure possession but refuses regular bail to the petitioner who is neither the seller nor the purchaser nor has anything to do the land in question. In the facts and circumstances of the case, let the petitioner, Mahendra Yadav alias Manindra Prasad Yadav be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of Additional Chief Judicial Magistrate, Bagaha, West Champaran in connection with Gobardhna Police Station Case No. 11 of 2004. Trivedi/ (Navaniti Prasad Singh,J.)