IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12174 of 2010 1. DEONANDAN PRASAD,son of Late Sri Chandra Mahto. 2. Alakh Deo Mahto,s/o Late Baso Mahto. 3. Ramavtar Mahto @ Ramavtar Prasad,son of Late Ganauri Mahto. 4. Nawlesh Prasad @ Nawlesh Kumar,son of Ramavtar Mahto. 5. Umer @ Ganesh Mahto @ Ganesh Prasad,son of Late Ramu Mahto. 6. Raghunandan Mahto,son of Late Baso Mahto. 7. Balmiki Prasad @ Balmiki Kumar,son of Raghu Mahto. 8. Ram Bilash Prasad @ Ram Bilas Kumar,son of Raghu Mahto. 9. Upendra Prasad,son of Raghu Mahto. 10. Neelam Devi @ Neelam Kumari,wife of Deonandan Prasad. 11. Shanti Devi,wife of Sri Chand Prasad. All are resident of Khairakhurd,P.S.- Govindpur,District-Nawadah. .. Petitioners Versus THE STATE OF BIHAR .. Opp.Party ----------- For the Petitioners:Mr.Arun Kumar Arun,Advocate For the State :Mr.Sunil Kumar Pandey,Addl.P.P. ---------- 02/ 05-05-2010 Mr. Arun Kumar Arun, learned counsel appearing on behalf of the petitioners, states that during the pendency of this application, petitioner no.2-Alakh Deo Mahto has been arrested by the police and, therefore, his prayer for anticipatory bail has become infructuous. Accordingly, the petition filed on behalf of petitioner no.2 is dismissed as infructuous. Heard the parties on merit. In a criminal prosecution for the offences under Sections 452, 380, 386 and 147 of the Indian Penal Code, the petitioners are named in the complaint petition vide Annexure-1 as accused and they are alleged to have entered into the house of the complainant and are 2 alleged to have committed theft of certain articles. Though some of the petitioners are armed with lethal weapons including the fire arm, but admittedly they are not alleged to have used the same and none of the members of the prosecution party appears to have sustained any injury on their person. It is submitted by the learned counsel for the petitioners that, in fact, the present case has been filed by way of retaliation of a criminal case filed earlier vide Annexure-2 by the brother of petitioner no.1. There appears to be bonafide land dispute between the parties, as a result of which, there are certain litigations pending between the parties. The manner of occurrence as disclosed in the complaint petition does not inspire confidence about the prosecution case, but requires to be tested during the course of trial. Be that as it may, in the facts and circumstances of the case stated above, in the event of arrest/surrender within a period of four weeks from today in Complaint Case No.129 of 2007, the above named petitioner no.1 and petitioners no.3 to 11 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 Sri Jitendra Kumar, Judicial Magistrate, Ist Class, Nawadah, 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.)