IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35562 of 2011 1. Lakshmi Sah, Son of late Damodar Sah. 2. Arjun Sah, Son of late Damodar Sah. Both resident of village-Tetrahi, Bethan, District-Samastipur. 3. Balram Sah, Son of Madan Sah. 4. Bikash Kumar, Son of Madan Sah. 5. Madan Sah, Son of Moti Sah. Resident of villag-Ghogsam, P.S.-Bakhtiyarpur, District-Saharsa, at present resident of village-Dhanaj Dharampur, P.S.-Mahesi, District- Saharsa. ………….Petitioners. Versus The State of Bihar …………Opp. Party. ----------- 2 21.10.2011 Heard learned counsel for the petitioners and learned counsel appearing for the State. The petitioners apprehend their arrest in connection with a case registered for the offence under Sections 420, 406, 467, 468, 471 and 120-B of the Indian Penal Code. It is stated that there is no truth behind the allegation leveled by the informant. The case was initially filed as a complaint, which was referred to the police for institution of the F.I.R. in exercise of powers conferred under Section 156(3) of the Code of Criminal Procedure. It is contended that the alleged agreement for sale is a forged deed. The petitioner nos. 1 and 2 are owners of the land, petitioner nos. 3, 4 & 5 are the purchasers of the land in question. The petitioner no. 1 and 2 being the owner of the land executed sale deeds on 4.3.2009 and 5.3.2009 respectively and delivered the possession to the purchasers who are petitioner nos. 3, 4 and 5. The informant has already filed a suit for Specific Performance of 2 Contract, being Title Suit No. 181 of 2009 in the court of Sub- Judge-I, Saharsa, on the basis of the alleged agreement for sale executed in their favour on 23.10.2008 and the said suit is still pending adjudication. It is submitted that the dispute, if any, is of civil nature and no offence is made out in the present case. Be that as it may, considering the facts and circumstances of the case, let the petitioners, namely, (i) Lakshmi Sah, (ii) Arjun Sah, (iii) Balram Sah, (iv) Bikash Kumar and (v) Madan Sah in the event of their arrest or surrender before the Court below within a period of four weeks from the date of receipt/communication of this order, be released on bail on furnishing bail bonds of Rs. 5,000/- (Five thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa in connection with Mahesi P.S. Case No. 153 of 2010 subject to the conditions as laid down under Section 438(2) Cr. P.C. Sanjeet (Ashwani Kumar Singh, J.)