IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47237 of 2008 1.AKHILESH YADAV S/O-Ram Chandra Yadav 2.JAI PRAKASH YADAV S/O-Late Tilakdhari Yadav Both are R/O-Village-Simari Tole Dubyahi, P.S.-Bisfi, Distt.- Madhubani. …………………………………………..Petitioners. Versus STATE OF BIHAR ……………………………………..Opposite Party. ----------- 2/ 04.02.2009 Heard learned Counsel for the petitioners, learned Counsel appearing on behalf of the State and learned Counsel for the informant. The petitioners are apprehending their arrest in a case which has been registered under Sections 380, 420, 406, 427/34 of the Indian Penal Code. Initially a complaint was filed which was sent to police which resulted into First Information Report. The complainant/informant Jai Chandra Yadav alleged that Anjira Devi and Ram Briksh Yadav and Lal Yadav agreed to sold the home-stead as well as agricultural land after getting the amount, they executed the sale deed and the possession was also delivered. The informant constructed a thatched roof house there. Subsequently the informant’s vendor sold the same land in favour of another accused Jai Prakash Yadav by a sale deed. Submission is that the petitioners are not the trace-passers. They are bona fide purchaser of the land - 2 - in question from its actual vendors. The petitioners have also been duped by the vendor. The petitioners are not at all responsible. A Title Suit has also been filed. Prayer for anticipatory bail has been opposed by learned Counsel for the informant who has stated that the petitioners have been duped. Considering the facts and circumstances of the case, the petitioners Akhilesh Yadav and Jai Prakash Yadav are directed to surrender before the Court below within a period of twenty days from the date of receipt/production of a copy of this order and on their so surrendering they shall be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhubani in connection with Bisfi P.S. Case No. 86 of 2007, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. kksinha/ (Shyam Kishore Sharma, J.)