IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38767 of 2008 1. RAJU RAJAK, S/OLATE DOMAN RAJAK, R/O VILLAGE-CHHITABARI, P.S. MOFASSIL, DISTRICT-KATIHAR. 2. ABDUL GHAFOOR @ ABDUL GAFOOR, R/O MOHALLA-SALAMATNAGAR, KATIHAR, P.S. & DISTRICT- KATIHAR. -PETITIONERS Versus THE STATE OF BIHAR. –OPP.PARTY 3 03.12.2008 Complainant has contended in the complaint that the land sold by the petitioner no.1 to him does not belong to the petitioner No.1 and by holding out that the same belongs to the petitioner no.1, the petitioner no.1 induced the complainant to purchase the same. Later on it transpired that the land in question is in possession of persons named in the complaint and that they are in possession thereof as well paying rent or revenue in respect thereof. The deed in question mentions that the land in question was received by father of petitioner no.1 by gift from the father or grand father of the persons now claiming to be in possession. The gift deed is registered as appears from a copy thereof produced along with the supplementary affidavit. Annexure-6 to the supplementary affidavit suggests that the State recognized the father of the petitioner as the person obliged to pay 2 rent/revenue pertaining to land in question. That being the situation, the application of the petitioners for grant of anticipatory bail is allowed. Let the petitioners, in the event of their arrest or surrender within six weeks from today, be enlarged on bail on each of them furnishing bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar, in Katihar Sahayak P.S. Case no. 498 of 2007, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure. (Barin Ghosh, J.) AAhmad