IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17895 of 2010 SANJAY KUMAR @ SANJAY YADAV & ORS Versus STATE OF BIHAR ----------- 02. 19.05.2010. Heard the learned counsel, Sri Ravindra Kumar, on behalf of the petitioner, namely, (i) Sanjay Kumar @ Sanjay Yadav (ii) Gopi Yadav (iii) Ram Ayodhya Singh (iv) Shyam Nandan Singh (v) Sadhu Yadav who apprehend their arrest in Arwal P.S. Case No.36 of 2010 registered under Section 147, 148, 149, 341, 323, 504, 436, 427 of the Indian Panel Code and Section 27 of the Arms Act. According to the prosecution case, the informant, Sandeep Kumar, lodged F.I.R. alleging that Sanjay Yadav has obtained a sale deed from the elder brother of the informant, namely, Ram Kumar. On the alleged date of occurrence, all the accused persons with these petitioners came in Bolero Jeep and motorcycle and entered into the shop of Ram Kumar and assaulted the mother and brother of the informant and thrown the materials of the shop and burnt the palani of the shop. The learned counsel for the petitioner submitted that there is land dispute between the parties because the petitioner No.1 has purchased the property from the brother of the informant and therefore, the informant has filed Title Suit before the Sub Judge, Jehanabad being Title Suit No. 145 of 2009. In that Title Suit, the petitioner No.1 is also a defendant. To put pressure on these petitioners, this false case has been filed. On the other hand, the learned A.P.P. vehemently opposed 2 the prayer for Anticipatory Bail application because there is allegation of setting fire on palani and also allegation that to threaten the petitioner also fired. From perusal of the plaint (Annexure-2) i.e., plaint of Title Suit No.145 of 2009, it appears that the informant is plaintiff and the petitioner No.1 is defendant No.1 in that suit and the suit has been filed for declaring the sale deed is illegal and void. Considering the above facts and circumstances of the case that there is land dispute and Title Suit No.145 of 2009 is pending between the parties. I direct the petitioner to surrender before the Court below within one month from today. On their surrender, the petitioners shall be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount to the satisfaction of the Court below and further conditions as mentioned in sub-Section 2 of Section 438 Cr.P.C. Sanjeev/- (Mungeshwar Sahoo, J.)