IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45243 of 2008 1. LAXMI MAHTO S/O LATE GUNESHWAR MAHTO 2. SANJAY KUMAR S/O LAXMI MAHTO ( BOTH ARE R/O MOHALLA JAWAHAR NAGAR,P.S. CHAUTHAM, DIST. KHAGARIA) 3. GANESH PRASAD SINGH S/O LATE YOGENDRA NARAYAN SINGH ( R/O MOHALLA LALPUR, P.S.CHAUTHAM, DIST. KHAGARIA) Versus STATE OF BIHAR & ANR ----------- 02 24.11.2008 Heard learned counsel for the petitioners and the State. Petitioners are accused in a case registered for the offences under Sections 420,461,468,471/34 of the Indian Penal Code. It is submitted that the allegation against the petitioners are to the effect that they executed a deed of gift in favour of Government of Bihar for construction of a community hall in respect of the land which is claimed by the complainant. It is submitted on behalf of the petitioners that the petitioners have executed deed of gift on their own land having the record of rights and all other entries in their favour. It is further submitted that proceeding under Sections 144 and 145 Cr.P.C. have vested in favour of the petitioners. The complainant if aggrieved ought to have file civil suit in the Civil Court and not filed the present criminal case. Several public petitions were also filed by the petitioners before the Deputy Superintendent of police, Khagaria and other authorities stating to the effect that the property in 2 question belongs to the petitioner’s family only. Considering the above, in the event of arrest or surrender within a period of four weeks from today, the petitioners, namely, Laxmi Mahto, Sanjay Kumar and Ganesh Prasad Singh are directed to be released 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, Khagaria in connection with Chautham P.S. Case No. 42 of 2008 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Sym ( Shailesh Kumar Sinha, J.)