IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6379 of 2010 1. BIR BAHADUR SINGH son of Jang Bahadur Singh 2. Jang Bahadur Singh son of Late Bodhi Singh. Both resident of village- and P. S. Belaon, District- Kaimur (Bhabhua)… Petitioners. Versus STATE OF BIHAR ----------- 2. 04.03.2010 Heard counsel for the petitioners, counsel for the State as also counsel for the informant. Considering the fact that the petitioners claim right, title and possession over the land in question on which the controversy of cutting trees and resultant alleged assault had emerged, this court would direct the petitioners namely, Bir Bahadur Singh and Jang Bahadur Singh to surrender before the Court below within a period of four weeks from today and produce any documentary evidence to show that they had/have even a semblance of right of being in possession of the land in question, they would be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kaimur (Bhabhua) in connection with Bhagwanpur P. S. Case No. 122 of 2009, 2 subject to the conditions as laid down under Section 438(2) Cr.P.C. On the other hand, if it is found that the petitioners’ claim of their right, title and possession over the land in question is based only on their oral assertion, their prayer for regular bail shall be considered on merit after taking into account the materials which have come in the case-diary. With the aforementioned observation, this application is disposed of. kanchan (Mihir Kumar Jha, J.)