IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43071 of 2008 BIR PRAKASH SAHU son of late Jageshwar Sahu, resident of Mohalla Kali Badi, Ward No.8 Under Nagar Panchayat Rosera, P.S.-Rosera, Dist.-Samastipur. Versus 1.STATE OF BIHAR 2.Nawal Kishore Prasad son of late Mani Lal Sah, resident of Mohalla Daghar Toli Ward No.9, Under Nagar Panchayat Rosera,Distt.-Samastipur. ---------- 3. 19.1.2009. Heard learned counsel for the petitioner and the State. The petitioner is one of named accused of a case which has been initially registered under sections 461 and 379/34 of the Indian Penal Code. Later on, section 411 of the Indian penal Code has also been added. The informant in his written report has alleged that the present petitioner and two others had stolen away his furniture from his shop. Submission is that after investigation the case was found not to be true and the police has submitted final form saying it is a civil dispute between the parties considering the fact that land of the co-accused Shankar Sahu was sold by his wife through a sale deed and the shop was being the subject matter of the dispute between the two sides. Considering the facts and circumstances of the case petitioner, Bir Prakash sahu is directed to surrender before the court below within three weeks from the date of receipt/production of a copy of this order and in that event he shall be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of J.K.Dubey, Judicial Magistrate, , Ist Class, Rosera in connection with C.R. Case No.634 of 2004 subject to the conditions as laid down under section 438(2) Cr.P.C. Md.S. (Shyam Kishore Sharma,J.)