IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.44729 of 2008 1. Padam Mistri 2. Chhoti Mistri Both sons of late Mahabir Mistri 3. Raj Kishore Mistri @ Rajo Mistri, son of Padam Mistri All residents of village sisai, P.s. Saharsa, district Saharsa 4. Chhathoo Sharma, sonof late Janak Sharma, Resident of village Tulsiyahi, P.S. Bihra, district Saharsa 5. Vidya Nand Yadav @ Vidyanand Yadav, sonof Hari Lal Yadav @ Hari Yadav, resident of village Sisai, P.S. & district Saharsa .. Petitioners Versus 1. The State of Bihar 2. Yogi Paswan, son of late Choithi Paswan, Resident of village Sisai, Agwanpur, P.S. & District Saharsa .. Opposite Parties **** /2/ 23.01.2009 Heard the counsel for the petitioners and the State. 2. Offence alleged is under Sections 420 and 120B of the Indian Penal Code. As per the allegation petitioner no. 1, Padam Mistri, got executed a sale deed from the brother of the complainant, namely, Chhotu Paswan, and fraudulently entire property of Chhotu Paswan was transferred through the sale deed as brother of the complainant was illiterate. When Chhotu Paswan came to know about this fact, because of shock he died. Counsel - 2 - for the petitioners submits that the complainant maliciously instituted the case as he himself was interested in getting the lands of Chhotu Paswan transferred in his favour. Since he could no succeed he instituted a false case against the petitioners. It has also been stated that against petitioners 2, 3, 4 and 5 there is no specific allegation in complaint petition. 3. Considering the facts, the prayer for grant of anticipatory bail on behalf of the petitioners, Padam Mistri, Chhoti Mistri, Raj Kishore Mistri @ Rajo Mistri, Chhathoo Sharma and Vidya Nand Yadav @ Vidyanand Yadav, is allowed. They are directed to be released on anticipatory bail, in case of their surrender before the Court concerned within four weeks from today, on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Complaint Case No. 754 C of 2003 to the satisfaction of the Chief Judicial Magistrate, Saharsa, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. S.A. ( Mridula Mishra, J.)