IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22754 of 2010 1. ABUL WAFA KHAN @ MUNNA KHAN 2. Nahid Khan @ Rahmani Khan Both are sons of Late Gulam Mustafa Khan-------------Petitioners. Versus STATE OF BIHAR . ----------- 2. 26.7.2010 It is submitted by the learned counsel for the petitioners that petitioner no.2 has already been arrested by police. As such, he wants to withdraw this petition as against petitioner no.2. Accordingly, this petition is dismissed as withdrawn as against petitioner no.2. Heard Learned counsel for the petitioner and the State. According to the learned counsel for the petitioner, parties are purchasers of the same land but petitioners purchase is earlier one. Title Suit is also pending for the land and present case is out and out of false allegation product of skill, otherwise how one of the litigating parties be blamed for damaging its crops or demanding money for giving up his possession. Rightly petitioner and others were allowed bail by the police. It appears that either no case is made out or case if any is made out, its nature is of civil litigation. No criminal liability at all appears to constitute for refusal of bail to any one. However, petitioner no.1 is on police bail. He is allowed to remain on the same. This application is thus disposed of. Let this order be sent through fax to the court below i.e. S.D.J.M., Sherghati, Gaya, in connection with Kothi P.S. case no.28 of 2009 at the cost of the petitioner. Sudip ( Mandhata Singh,J )