IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20151 of 2010 1. Awadhesh Singh @ Awadh Rai, son of Late Keshri Singh. 2. Chhotan Singh, son of Sheomuni Singh. Both are resident of Village- Karkatpur, P.S.-Akorhigola, District- Rohtas at Sasaram. ………………Petitioners. Versus The State of Bihar …………………………Opposite Party. For the petitioners :- Mr. Krishna Pd. Singh, Sr.Advocate. For the State :- Mr. R.B. Roy ‘Raman’, A.P.P. ----------- 2. 14. 06. 2010. Heard the parties. In a criminal prosecution for offence under Section 452 and some other minor and bailable offences of the Indian Penal Code as also under Section 3(i) (v) (x) of S.C. and S.T. (P.O.A.) Act, there appears to be case and counter case vide Annexure 1 and 2 respectively from both sides. It is submitted by the learned counsel for the petitioners that entire occurrence had taken place because of bonafide land dispute between the parties and both sides have sustained injuries. The petitioners are stated to be in judicial custody since 10. 05. 2010. In the aforesaid facts and circumstances of the case, the above named petitioners are directed to be released on bail in connection with Dehri S.C./S.T. P.S. Case No. 61/09, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Rohtas at Sasaram, subject to conditions; (a) that one of the bailors must be Govt. 2 servant or close family member of the petitioners, who will file an affidavit in the court below showing his/her relationship with the petitioners. (b) if the petitioners are found involved in same and similar natures of cases in future, then in that case the informant/prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioners, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned. (c )that petitioner shall not unlawfully remove the informant/complainant from the land in question, which is subject matter of dispute in the F.I.R. vide Annexure-1. If the petitioners make any attempt to forcibly remove the complainant from the land in question, then it would be construed as misuse of privilege of bail and the court below shall be at liberty to cancel the bail bond of the petitioners m.p. ( Birendra Prasad Verma, J.)