IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12173 of 2010 1.RAM JEET SINGH @ RAM JEET MAHTO 2.Hridya Singh @ Haridya Mahto 3.Satendra Singh @ Satendra Mahto 4.Lalan Singh @ Lalan Mahto All are r/o village Babuganj English, P.S. Sikraul, Dist. Buxar …..Petitioners Versus THE STATE OF BIHAR………….. O.P with Cr.Misc. No.15917 of 2010 1DHANRAJ MAHATO 2.Kumar Mahato @ Ram Kumar Mahato 3.Ramashish Singh 4.Ram Dayal Choudhary, all are resident of Village Babuaganj English, P.S. Sikraul, Dist. Buxar ….Petitioners. Versus STATE OF BIHAR O.P. ----------- For the petitioners: Mr. Anil Kumar Singh, Advocate. Mr. Rabindra Kumar, Advocate. For the State : Mr. R. B. Roy ‘Raman”, A.P.P. ----------- 2 4.5.2010 Heard the parties. In a criminal prosecution for offences under section 380, 342, 365 of the Indian Penal Code, it is submitted by learned counsel for the petitioners of both the cases that in the original FIR vide annexure-2 they are named as accused persons and allegation against them is of participation in crime in question. However, during the course of investigation accusation against the petitioners were not supported by the independent witnesses and, therefore, on close of investigation police submitted final report dated 23.5.2008 vide annexure-3 and petitioners were not charge sheeted in the said case. The aforesaid final report was accepted by the learned Magistrate and protest petition filed earlier by the informant was treated as a complaint case vide annexure-1 and after inquiry under section 202 Cr.P.C. cognizance has - 2 - been taken of the offences stated above. It is further submitted that prior to lodging of the present case a criminal case was lodged by petitioner Ramji Singh @ Ramji Mahto in which the present complainant Yamuna Mahto and his other brother and family members are accused. The cases filed from the side of the petitioners have been brought on record as annexure-5, 6 and 7. From perusal of the documents available on record, it appears that there are land disputes going on between the parties and for that reason there are case and counter case from both sides. In the aforesaid facts and circumstances particularly in view of the fact that criminal case filed by the complainant was found to be false and petitioners were not charge sheeted vide annexure-3, in the event of arrest or surrender in the court below within a period of four weeks from today, the above named petitioners shall 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 C.J.M, Buxar in connection with protest-cum-complaint case No. 1303( c )/08 / 385 Tr. 09, subject to the conditions laid down under section 438 (2) Cr.P.C. ( Birendra Prasad Verma, J. ) M.Rahman