IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52807 of 2008 1. ASHISH CHATTERJEE @ ASHISH KUMAR CHATTERJEE 2. Dilip Chatterjee @ Dilip Kumar Chatterjee Versus The STATE OF BIHAR ------ 3/ 19.05.2009 Heard learned counsel for the petitioners and learned counsel for the State. Submission of the learned counsel for the petitioners is that parties share of common ancestral land. Even if it is accepted that in excess to their respective share or proceed of the sale deed for lands were misappropriated by the petitioners, that can also not be made a ground for their arrest even making super added allegation of committing theft. I agree with the submission of the learned counsel for the petitioners. Accordingly, the prayer of the petitioners is allowed. In the event of arrest or surrender within one month from today in connection with C.A. Case No. 1284 of 2008, above named petitioners 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 Sri V. Sinha, J.M., Katihar subject to the conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh,J.)