IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12194 of 2010 1. BISHWANATH PRASAD SHRIVASTAVA,son of Late Rangilal Shrivastava. 2. Nizamudin Ansari,son of Hukum Ansari. 3. Ashok Prasad Shrivastava,son of Shri Bishwanath Prasad Shrivastava. 4. Bhushan Prasad Shrivastava,son of Shri Bishwanath Prasad Shrivastava. 5. Udai Prakash Choudhary,son of Shri Hari Prasad Choudhary. 6. Shyam Sundar Choudhary,son of Manohar Choudhary. Petitioners no.1, 3 and 4 are resident of village-Bankatwa,P.S.-Bagaha,District- West Champaran. Petitioners no.2, 5 and 6 are resident of village Pachganwa,P.S.-Semra,District- West Champaran. .. .. Petitioners Versus THE STATE OF BIHAR.. .. Opp.Party ----------- For the Petitioners :Mr.Sanjay Kr. No.7,Advocate For the State :Mr.Jitendra Kumar Roy-I, Addl.P.P. ----------- 02/ 06-05-2010 Heard the parties. In a criminal prosecution for the offence under Section 420 and some other minor or bailable offences under the Penal Code, petitioner no.1 is said to be vendor of the lands in dispute. Petitioners no.3 and 4 are his sons. Petitioner no.2 is the vendee/purchaser and petitioners no.5 & 6 are identifier and witness respectively of the sale deed. It is submitted by the learned counsel for the petitioners that both the sides are co-sharers and despite the judgment in the partition suit, Takhtabandi has not been done and share of the parties has not been carved out and, therefore, the 2 dispute in question is at best civil in nature and no criminal offence is made out against the petitioners. Be that as it may, in view of the fact that petitioners no.1, 3 and 4 at one side and the complainant on the other side are co-sharers and there appears to be bonafide dispute between the parties of right and title over the lands in question, in the event of arrest/surrender within a period of four weeks from today in Trial No.670 of 2010, arising out of Complaint Case No.841 of 2007, the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand)each with two sureties of the like amount each to the satisfaction of Shri Ajay Kumar, Judicial Magistrate, Ist Class, Bagaha, West Champaran, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Birendra Prasad Verma, J.)