IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35954 of 2010 1. SAJMAN PRASAD @ SANJEEVAN PRASAD @ SANJUMAN PRASAD 2. SATYADEO PRASAD Versus STATE OF BIHAR ----------- 02/ 21.12.2010 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. Learned counsel for the petitioners seeks permission to withdraw the prayer for bail in so far as it relates to the petitioner no. 1, Sajman Prasad @ Sanjeevan Prasad @ Sanjuman Prasad. It is submitted that the said petitioner no. 1 has since been arrested and thus the application in so far as it relates to him is not being pressed. In that view of the matter, this application in so far as it relates to the petitioner no. 1, is disposed of as not pressed. The petitioner no. 2, Satyadeo Prasad apprehends his arrest in connection with Brahampur (Krishna Braham) P.S. Case No. 46 of 2010 arising out of Complaint Case No. 1141(C) of 2009 for offence punishable under Sections 467, 468, 471 and 120B read with Sections 13(X) (XI) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. The present case originates from a Complaint petition which was subsequently registered as an F.I.R. under Section 156(3) of the Code of Criminal Procedure. Learned counsel for the petitioner with reference to the allegation as set out in the F.I.R. submits that the entire 2 dispute centers around a piece of land measuring six decimal. He submits that the allegation set out against the petitioner of having entered into an agreement for sale of six decimal of land on 13.10.1993 and thereafter having given the possession thereof to accused Ramjee Bin is absolutely incorrect for the reason that the said piece of land never belonged to the petitioner rather it belonged to the eldest brother Bhajman Prasad who surprisingly has not been made accused although there is a civil suit going on between the informant and the eldest brother of the petitioner Bhajman Prasad giving rise to Title Suit No. 171 of 1994. It is submitted that in any view of the matter, the nature of allegation set out in the complaint being more civil in nature, the institution of the criminal case is merely with a view to harass the petitioner and that the issue could be resolved in a court of competent civil jurisdiction. Considering the circumstances and submission of learned counsel, let the petitioner Satyadeo Prasad in the event of his arrest/surrender within a period of four weeks from the date of receipt/production of a copy of the order be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Brahampur (Krishna Braham) P.S. Case No. 46 of 2010 subject to the condition stipulated under Section 438(2) of the Cr.P.C. S.Sb/- (Jyoti Saran, J.)