IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28020 of 2010 RAM NARAYAN BIND @ RAM NARAYAN PRASAD @ SWAMI TRIYOGANAND Ji Maharaj S/o late Raghunath Bind Chela of late Sheo Dharmanand Ji @ Deo Shankar Tiwari, R/o Vill. Chhotaka Rajpur, P.S. Semari, Dist. Buxar Versus THE STATE OF BIHAR ----------- 2/ 13.09.2010 Heard learned counsel for the petitioner and learned counsel for the State. After death of Swami Shiv Dharmanandjee Maharaj, complainant and this petitioner came forward to claim themselves real heir Mahanth as his successor. Both are claiming Chadar Mahanthi in their favour but petitioner is claiming that right by a deed said to be Chadar Mahanthi which is said forged the creation of this petitioner. That deed is signed by 84 persons either Mahanth or anyway having concerned with affair of Matths situated at different places. Three of accused persons are allowed anticipatory bail by this Court vide Cr. Misc. No. 11019 of 2010. There is clear observation that heir- ship of Mahanth is to be decided by competent Civil Court. Basing the allegation, which is denied also, refusal of anticipatory bail cannot be justified. Accordingly, prayer of the petitioner is allowed. In the event of arrest or surrender within 2 one month from the date of receipt/production of a copy of this order in connection with Simari P.S. Case No. 153 of 2009 arising out of Complaint Case No. 1000 (c) of 2009, above named petitioner shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Buxar subject to the conditions as laid down under Section 438(2) of Cr. P.C. Shail ( Mandhata Singh, J.)