IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7442 of 2008 GANESH PRASAD Versus THE STATE OF BIHAR ----------- 2. 5.5.2008 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner prays for anticipatory bail in a case under Section 380 of the Indian Penal Code. It is submitted by learned counsel for the petitioner that the complainant case has been filed by his mother in which she had named his father also as one of the accused persons. Learned counsel for the petitioner submits that the petitioner’s father was unable to bear the same and he died of shock on 25.10.2007. The allegation against the accused persons is that the petitioner along with his father forcibly broke open the safe ( Tijori) and committed theft of cash and ornaments worth Rupees Twenty Five Lacs. Learned counsel for the petitioner submits that a totally false case has been filed by the complainant at the instance of his brother with whom the litigation for partition of the family properties is going on. It is further submitted that the involvement of the petitioner‘s father in the dispute goes to show further falsity of the case. On a consideration of the facts and circumstances of the case , it is directed that the petitioner (Ganesh Prasad ) in the event of his arrest/ surrender within four weeks from today shall be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Sri J.P. Singh, Judicial Magistrate, Ist 2 Class, Bagha, District- West Champaran in connection with Complaint Case No. C-181 of 2006, Trial No.1873 of 2006, subject to the other applicable conditions as laid down under Section 438 (2) Cr.P.C. VPS ( Ramesh Kumar Datta,J.)