IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11119 of 2009 JAI PRAKASH SHARMA,son of late Sitaram Maharaj,resident of Chandni Chouk,P.O.- Saharsa,P.S.+Dist.-Saharsa. Versus STATE OF BIHAR ----------- 02/ 16-04-2009 Heard learned counsel for the petitioner, learned counsel for the complainant and learned counsel the State. I find persuasion on behalf of the complainant by his heirs to justify a crime committed by him. If transfer of a land and refusal of mutation in Jamabandi comes within the definition of crime. There is claim and counter claim. Complainant is claiming to purchase 10 Dhurs of land from his transferee, for which petitioner’s submission is that his transferee was owner of only 3 Kathas, which he had transferred earlier, even then an attempt was made on behalf of the complainant to grab petitioner’s 10 Dhurs land, which was rightly rejected. If the claim over a piece of land and non-acceptance of the same is crime, then certainly it is made out against the complainant, as his claim for mutation of Jamabandi is refused. But in any case for the same there can be no justification of petitioner’s arrest. I agree with the submission. In case of arrest or surrender within one month from today in Complaint Case No.638C/2008, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Saharsa, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )