IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9508 of 2009 1. SHAMSE ALAM,son of late Ghulam Rasool 2. Sunny,son of Shamse Alam Both resident of village-Kara,P.S.- Obra,District-Aurangabad(Bihar) Versus STATE OF BIHAR ----------- 02/ 15-04-2009 Heard learned counsel for the petitioners and the State. Submission of the learned counsel for the petitioners is that petitioner nos.1 and 2 are full brother and nephew of the informant. There is dispute in between the parties for ancestral property. So, after adding super allegation of theft this case has been lodged, which in no case can be made basis for petitioners’ arrest at the moment. I agree with the submission. In case of arrest or surrender within one month from today in Obra P.S.Case No.76/2008 (Trial No.1883 of 2008), the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the S.D.J.M., Daud Nagar, District- Aurangabad, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )