IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2241 of 2011 1.Baleshwar Yadav son of late Tahal Yadav 2.Balak Yadav @ Ram Balak Yadav, resident of village-Dohra, P.S.-Pakribarawan, District-Nawadah. Versus The State of Bihar ----------- 8. 21.9.2011. Heard learned counsel for petitioners and learned counsel for the State. The petitioners apprehend their arrest in connection with a case registered for the offence punishable under sections 447, 406, 386 and 120B and 34 of the Indian Penal Code. In this case by order dated 22.2.2011 an interim protection was given to the petitioner. Thereafter, by order dated 11.8.2011 the case was adjourned to 30.8.2011 directing the petitioner to file a supplementary affidavit in support of the submission that they have grown the crops, harvested and now released the land. Till date supplementary affidavit has not been filed in this case. Learned counsel for the petitioners submits that in spite of his best efforts he could not contact the petitioners. He, thus, submits that the case may be decided on its merit on the basis of the pleadings available on the record. It is submitted that the allegation, even if taken to be true, at best is to the effect that the petitioners have encroached illegally upon the government land and they are not allowing the officials of the State to utilize the land as per their choice. It is submitted that these allegations, as a matter of fact, would not constitute an offence for which the case has been registered. It is also submitted that co-accused Horil Yadav, who 2 was taken into custody has already been granted regular bail by learned 2nd Additional Sessions Judge, Nawada in B.P. No.583 of 2010/231 of 2010. Learned counsel for the petitioners also submitted that there is no ingredient of extortion or dishonest misappropriation of any amount. There exists a bona fide land dispute which can be adjudicated in a proper civil suit and not in a criminal proceeding. Be that as it may, considering the facts and circumstances of the case, let the petitioners, namely, Baleshwar Yadav and Balak Yadav @ Ram Balak Yadav 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 the order be released on bail on furnishing bail bonds of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawadah in connection with Pakribarawan P.S. Case No.57 of 2010 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Md.S. ( Ashwani Kumar Singh, J.)