IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17770 of 2009 1. NAGENDRA NARAIN @ NAGENDRA SHARMA 2. RAVINDRA KUMAR @ RAVINDRA SHARMA 3. NILESH KUMAR @ NAILESH @ RAVISH NARAYAN 4. SUNIL KUMAR 5. SUNDAR KANT CHAUDHARY …… PETITIONERS Versus 1. THE STATE OF BIHAR ….. OPP. PARTY ----------- 02 07.09.2009 Heard both sides. Petitioners seek bail in a case instituted under Sections 147, 148, 149, 341, 323, 380 and 448 of the Indian Penal Code. It appears only Section 380 amongst the Sections made applicable in the present case are non bailable. Allegation as per F.I.R. is that the petitioners entered in the Flat No. 403 and committed theft. Some of them also assaulted the inmates of the flat. Learned counsel referring to Annexure-2, submits that the flat in question was already purchased by the present petitioner no.1 by reason of absolute sale-deed and he was/is residing therein. Different documents have been placed to show that the name of the petitioner No.1 was entered as owner in respect of the said property. Therefore, the submission is that Section 380 of the Indian Penal Code shall not be application in the 2 present case. Learned counsel appearing on behalf of the informant, submits that if Section 380 of the I.P.C., as per the submissions, is not applicable, then the present application seeking anticipatory bail becomes infructous. It is next contended that earlier also an attempt was made by the petitioners on 2.12.2007 for which a separate case has been lodged. Be that as it may, from the record it appears that the petitioners are asserting their title over the property by reason of different documents and as such there appears to be a bona fide dispute over the title of the flat in question. Let the petitioners surrender in the court below and pray for regular bail, which shall be considered on its own merit, keeping in view the submission advanced on behalf of the parties before this Court. The court below shall pass appropriate order in accordance with law, uninfluenced by the present order disposing of the application. The application is accordingly, disposed of P.K. (K.K. Mandal, J.)