IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51832 of 2007 ANAND RAI & ORS Versus THE STATE OF BIHAR ----------- 3 1.05.2008 The petitioners apprehend their arrest in Samastipur Town P.S. case No. 422 of 2006 registered under Sections 419, 420, 467, 468, 471 and 120B of the Indian Penal Code. The allegation as per the FIR is that the petitioner no. 2 Braj Nandan Rai got a fraudulent deed of Muktharnama executed with respect to the properties of the informant lady who had no son with a view to grabbing her property. Petitioner no. 3 Munish Kumar Rai @ Munna son of petitioner no. 2 Braj Nandan Rai is said to have signed the deed. So far the petitioner no. 1 Anand Rai and petitioner no. 4 Sanjay Kumar Singh are concerned, they are said to have participated but no specific overt act is alleged against them. Case diary was called for. The bail rejection order of the learned Session Judge refer para -11 to 14 18 and 19 of the case diary and has discussed that witnesses as mentioned on the deed stated before the I.O. that in fact they had never put their signatures on the deed. Learned counsel for the petitioners submits that the I.O. is trying to investigate into the matter by comparing the signatures and L.T.I. Considering the allegations on the petitioner no. 2, Braj Nandan Rai and petitioner no. 3, Munish Kumar Rai @ Munna and the statement of witnesses in the case diary, I do not feel inclined to grant 2 anticipatory bail on behalf of petitioner no. 2 and 3. Accordingly, hence their prayer for anticipatory bail is refused. However, in the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks, petitioner no.1, Anand Rai and petitioner no. 4, Sanjay Kumar Singh is admitted to anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Samastipur in connection with Samastipur Town P.S. Case No. 422 of 2006 subject to condition as laid down under Section 438 (2) of the Cr. P.C. Kundan (C.M. Prasad, J.)