IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37396 of 2008 1. Sri Niwash Pandey 2. Abhinaw Pandey ; Petitoners Versus The State of Biahr; Opposite Party. ----------- 2 30.9.2008 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in a case under Section 406 and other Sections of the Indian Penal Code. It is submitted that the entire case is false and baseless. It is a dispute between the landlord and tenant. The informant was a defaulter tenant. He was asked to vacate the house and in retaliation of that he has filed this false and baseless case. It is further submitted that the last paragraph of the impugned order would go to show that the court below found the allegation of theft as ornamental and one of the petitioner Abhinaw Pandey was also found not present at the time of alleged occurrence. He had gone to Benaras for taking admission. In spite of that the court below has refused to grant anticipatory bail to the petioners. Considered the submission of learned counsel for the petitioners. Perused the impugned order. Having regard to the facts and circumstances of the case, in case of arrest or surrender within four weeks of receipt of this order, the petitioners named above shall be released on 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 Chief Judicial Magistrate,Rohtas at Sasaram in Sasaram (T) P.S.Case No.274/08 - 2 - subject to conditions as laid down under Section 438(2) Cr.P.C. B.Jha (Ghanshyam Prasad)