IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42093 of 2010 1. CHOKAT SAH son of Shivnath Sah 2. Madan Sah 3. Lalan Sah 4. Munna Sah All sons of Chakat Sah, all resident of village-Barohiya,P.S.Chanpatia, Disitrict- West Champaran ……Petitioners. Versus THE STATE OF BIHAR O.P. ----------- 2 26.11.2010 Heard the parties. The petitioners apprehend their arrest in a criminal prosecution under sections 420, 323 of the Indian penal Code and they are named in the complaint petition vide Annexure-1. It is submitted that originally Bettiah Town P.S. Case No. 311 of 2006 dated 3.8.2006 under sections 420, 406/34 of the Indian Penal Code was registered in which all the petitioners were named as accused. The petitioners are alleged to have duped the informant and got certain land transferred through some sale deed in the year 2002 and for that the FIR/Complaint Petition(Annexure-2) was lodged in the year 2006. During the course of investigation independent witnesses did not support the prosecution case and accordingly police submitted final report dated 31.3.2007 and the petitioners were not charge sheeted in that case and investigation was closed. However, protest petition, filed earlier by the informant was treated as complaint vide Annexure-1 and on inquiry cognizance has been taken under section 420/323 of the Indian Penal Code. Hence the present case for anticipatory bail. It is also highlighted that as a matter of fact, entire dispute between the parties is civil in nature and no criminal offence is made out. 2 Be that as it may, in the facts and circumstance of the case, the above named petitioners, in the event of their arrest or surrender in the court below within four weeks from today are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of Sri Grish Mishra, J.M. Ist class, Bettiah in connection with Tr. No. 2876 of 2010 arising out of Complaint Case No. 1006C/08, subject to the conditions laid down under section 438(2) Cr.P.C. M.Rahman ( Birendra Prasad Verma, J )