IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43640 of 2011 Baba Dai @ Baba Day & Ors. Versus The State Of Bihar ---------------------------------- 2. 20.12.2011 Heard learned counsel for the petitioners and the State. Petitioners are apprehending their arrest in Chausa P.S.Case No. 115 of 2010 registered u/s 147, 148, 323, 435 IPC and 3(i)(x) of SC/ST Act. According to the FIR, informant Biranchi Rishideo and the Rishideo families 10 to 12 in number were living in Khata No. 406, Khesra No. 1278, area 1 acre 43 decimals in Mauza Dhaneshpur, Thana No. 106 as Khatiyani Raiyat for 12 years. But on 29th November 2010 at about 7:00 A.M. accused persons, including the petitioners came there, gave threat and started abusing and claimed that the land belonged to the accused, obtained through Bandobasti. Further allegation is that the accused persons started assaulting the informant and his family members with fists and slaps and thereafter co-accused Sagar Sahni set their huts on fire. Learned counsel for the petitioners submitted that there is a case and counter case between the parties as the petitioner side had also filed a 2 case being Chusa P.S.Case No. 116 of 2010 registered u/s 147, 148, 3233, 504, 435 IPC against the informant side on the same day. It also appears from the impugned order that a Revenue Land Dispute Resolution Case No. 9 of 2010 u/s 4(a) of the Bihar Land Dispute Resolution Act, 2010 has been filed by the informant for trespass by the informant side. In the facts and circumstances, in the event of arrest or surrender within 4 weeks from to-day, petitioners Baba Dai @ Baba Day, (2) Sanjay Sahni and (3) Viveka Sahni are directed to be released on bail on their furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhepura in Chausa P.S.Case No. 115 of 2010, subject to the conditions laid down u/s 438(2) Cr.P.C. and (i) that one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will undertake to furnish information to the court about any change in the address of the petitioners (ii) That the affidavit shall clearly state that the petitioners are not accused in any other case and if they are, they shall not be released on bail, (iii) the bailor shall also 3 state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse, (iv) that the petitioners will give an undertaking that they will receive the police papers on the given date and shall be present on the date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail bond will be liable to be cancelled for the reasons of misuse and (v) that the petitioners will be well represented on each and every date and if they fail to do so on two consecutive dates, their bail bond will be liable to be cancelled. Jay/ (Shivaji Pandey, J)