IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12466 of 2008 TARANAND SAH & ORS Versus STATE OF BIHAR ----------- 2. 5.05.2008 Heard the learned counsels for the petitioner and the State. The petitioner apprehends arrest in Complaint Case No. 147 of 2007 registered Under sections 147, 323, 420, 379 and 368 of the Indian Penal code. It is submitted on behalf of the petitioner that on perusal of the complaint petition it would appear that the allegation is to the effect that petitioner nos. 1,2 and 3 had purchased the piece of land from the elder brother of the complainant in the year 1980 which was subsequently sold to petitioner nos. 4 and 5 in the year 1999. The complainant has alleged that elder brother could not have sold out the land with respect to the share of the complainant. Learned counsel for the petitioner submits that this is a dispute between elder brother and complainant and these petitioners have got nothing to do in the matter on payment of the consideration in the year 1980. As such if there be any difference, they ought to have resorted to a civil suit and not to the criminal proceeding. It is a misuse of the processes of the court whereby the son of the complainant has filed a case against these petitioners as well as his elder brother. Learned counsel for the petitioner submits that petitioner is entitled to the grant of anticipatory bail. Learned Addl. P.P. appearing on behalf of the State on the other hand opposes the prayer for bail, however he is not in position to - 2 - refute the submissions advanced on behalf of the petitioners. Having considered the submissions and on perusal of the allegation made in the FIR, in the event of arrest or surrender within a period of four weeks from today, the petitioners, namely, Taranand Sah, Badri Sah, Sampat Sah, Md. Zinnat Safi and Md. Ibrahim be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri A.K. Shukla, J.M. Birpur (Supaul) in connection with Complaint Case No. 147/2007 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Jagdish/- (Shailesh Kumar Sinha,J)