IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.50834 OF 2008 1. SHAILENDRA PRASAD SINGH, SON OF DINESH PRASAD SINGH 2. DINESH PRASAD SINGH, SON OF LATE MADHESHWAR PRASAD SINGH 3. HEMENDRA KUMAR @ TINKU, SON OF SHAILENDRA PRASAD SINGH 4. JOGENDRA PRASAD SINGH, SON OF DINESH PRASAD SINGH ALL RESIDENTS OF VILLAGE MIRJAPUR, POLICE STATION SIRDALA, DISTRICT NAWADA VERSUS STATE OF BIHAR ******** 2 23.01.2009 Heard Counsel for the petitioners and the A.P.P. appearing on behalf of the State. The petitioner is an accused in a case under Sections 147, 323, 325, 379, 406 & 504 of the Indian Penal Code. Learned Counsel for the petitioners submits that the case is false and fabricated as for the same occurrence on the same date, petition no. 2 has instituted a case against the complainant of the present case that the complainant was forcibly trying to occupy his lands, which resulted in a scuffle between the parties. The present case has been lodged alleging that the petitioner have sold the land to the complainant some years back and was demanding a higher price for executing sale deed. When the complainant refused to pay the higher price, then it is alleged that the petitioners assaulted the complainant. Learned Counsel further submits that this dispute arises out of a civil 2 dispute and the complainant is trying to forcibly took possession of the land in question which belongs to the petitioners, as it is unbelievable that the petitioners could have handed over the possession of the land in question for a meager sum of Rs. 7500/-. Be that as it may, the petitioners, namely, Shailendra Prasad Singh, Dinesh Prasad Singh, Hemendra Kumar @ Tinku and Jogendra Prasad Singh are directed to be released on anticipatory bail in the event of their arrest or surrender before the Court below within a period of six weeks from today in Complaint Case No. 490 of 2004 on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Shri Madhukar Kumar, Judicial Magistrate, 1st Class, Nawada. Anand ( Sheema Ali Khan, J. )