IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1176 of 2010 1. Subodh Yadav, Son of late Mannu Yadav. 2. Tunni Yadav, Son of Butan Yadav. 3. Munni Yadav @ Munna Yadav, Son of Butan Yadav. 4. Ribon Yadav, Son of Badri Yadav. All are resident of Village Dariyapur, P.S. Sajour, District Bhagalpur. ------- Petitioners Versus The State of Bihar ------- Opp. Party ----------- 3 23.2.2010 Counsel for the petitioners seeks permission to withdraw this application as against petitioner no.2, namely, Tunni Yadav on the ground that he has already been arrested. That being so, the prayer for anticipatory bail of the petitioner no.2 is hereby rejected. Heard learned counsel for the petitioner and counsel for the State. Considering the nature of allegation pertaining to possession of a piece of land in plot no. 606 in which five decimals is owned by the informant through a sale deed and remaining five decimals is claimed by the petitioner by virtue of a sale deed in favour of his mother, there should have been normally no scope for a dispute in the nature which came to be surfaced as alleged in the First Information Report. The fact that there is a neighboring boundary 2 dispute with regard to encroaching upon the share of land of the informant in fact seems to be the main motive of filing of this case. In such view of the matter, this Court would direct for grant of anticipatory bail to the petitioner nos. 1, 3 & 4, on their furnishing an undertaking that they will not encroach upon 5 decimals of the land of informant the share of the land or cause obstacle in any manner by disturbing the possession of the informant over the portion of the land covered by the sale deed of the informant and in case of breach of such undertaking the bail of the petitioners 1, 3 and 4 shall be cancelled. If the petitioner nos. 1, 3 & 4 namely Subodh Yadav, Munni Yadav @ Munna Yadav and Ribon Yadav would give such an undertaking in writing to the concerned court and also surrender within a period of four weeks from today, they would be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in connection 3 with Sahkund P.S. Case No. 156/2009, subject to the condition as laid down under Section 438(2) of the Cr.P.C. Rsh (Mihir Kumar Jha, J.)