IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3570 of 2010 1. INDRA MOHAN SINGH @ INDAL SINGH 2. Mohan Singh Both sons of Ram Khelari Singh,resident of village-Akilpur,P.S.-Sonepur,District- Saran at Chapra. Versus STATE OF BIHAR ----------- For the Petitioners: M/s Ashok Choudhary & Prakash Kumar, Advocates For the Informant : Mr. Aditya Narayan Singh-1,Advocate For the State : Mr. Bonod Kumar No.2, Addl.P.P. ------------ 03/ 08-04-2010 Heard learned counsel for the parties. Petitioners apprehend their arrest in connection with Sonepur P.S.Case No.33 of 2007 dated 08-02-2007, registered under Sections 384/506/34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioners that the entire occurrence had taken place because of bonafide land dispute between the parties. A proceeding under Section 144 Cr.P.C. was started between the parties with respect to the land in question, which was decided in favour of the petitioners. In the aforesaid background, it is submitted that the allegation of demand of Rangdari is not at all believable. He further highlights that the FIR has been lodged after delay of 23 days. Learned counsel for the State as also learned counsel for the informant have strongly opposed the prayer for anticipatory bail and have highlighted that the petitioners have been absconding since 2007, but they have not denied about the factum of land dispute 2 between the parties. In the aforesaid background, in the event of arrest/surrender within a period of four weeks from today in the above noted case, 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 the Chief Judicial Magistrate, Saran at Chapra, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure, and subject to the further conditions that : (a) one of the bailors must be a Government servant or close family members of the petitioners, who will file an affidavit in the court below showing his/her relationship with the petitioners, (b) if the petitioners are found involved in same and similar nature of cases in future, then in that case the informant/prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioners, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving 3 opportunity of hearing to all concerned and (c) the petitioners shall make regular Pairvi in the court below in the present case either by appearing themselves in person or through representation by their lawyer on each and every dates, and if on two consecutive dates petitioners fail to make Pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioners. AH/ ( Birendra Prasad Verma, J.)