IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4527 of 2009 1. MD.ALAUDDIN 2. Md. Soyad Ali @ Mr. Sayed 3. Md. Quddus @ Qadusu 4. Md. Jahir 5. Md. Mukhtar @ Md. Mukhtar Alam 6. Md. Maksood @ Md. Maqusood Alam 7. Md. Abdul Khalik @ Abdul Khalique Versus The STATE OF BIHAR ---with--- Cr.Misc. No.14345 of 2009 MD.JAINAL Versus The STATE OF BIHAR ----------- 3/ 15.04.2009 Heard learned counsel for the petitioners and learned counsel for the State. Submission of the learned counsel for the petitioners is that there is enmity in between the parties. Both families are quarrelling for possession over a piece of land having their papers. In complaint, a super added allegation for theft involving all the family members is submitted with further allegation of committing of offence under Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act, but some mistake is committed that is regarding giving of abuse inside the Court yard. Mischief, if any, is alleged for demolishing the part of the house that is also with a view to justify the attempt their having possession over the disputed plot. So, the allegations made against accused persons cannot be justified for their arrest at the moment, though the learned counsel appearing for the complainant vehemently opposed the submission made on behalf of the learned counsels for the petitioners, but I agree with the same. In the event of arrest or surrender within one month from today in connection with Complaint Case No.286 of 2006, above 2 named petitioners shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Katihar subject to the conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh, J.)