IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36066 of 2008 1. KAMLESHWAR LAL S/O BHAGWAT LAL,R/O VILL. SURAHIA P.S. SIDHWALIA,DIST. GOPALGANJ 2. SUNIL SINGH S/O SAJAWAL SINGH R/O VILL. CHAND PARNA P.S. SIDHWALIA, DIST. GOAPALGANJ. Versus THE STATE OF BIHAR ----------- For the petitioner: Mr.Udit Narayan singh, Adv, Mrs. Poonam Kumari, Adv. For the respondents: Mr.Choubeyjawahar, A.P.P 02 01.10.2008 Heard learned counsel for the petitioners and the State. Petitioners are apprehending their arrest in connection with complaint case 506/2007 of the alleged offence punishable under sections 465,467,468,471,420,120(B) of the Indian Penal Code. Learned counsel for the petitioners submits that it is a case of civil nature. Allegation is that the vendor of the alleged sale deed dated 13.07.2005 did not have any right and title over the land rather the complainant had right and title. It has been alleged that the land in question was sold by ancestors of the petitioner no.1 to the ancestors of the complainant and complainant has got the aforesaid land in partition. Learned counsel for the petitioners further submits that the complainant has filed a Title Suit No. 40/2007 which is pending before the Munsif 1st Gopalganj .It is submitted that one of the reliefs sought in the aforesaid Title Suit is for cancellation of the sale –deed dated 13.07.2005. Learned counsel for the State submits that without having any right and title petitioner no.1 has transferred the land in favour of - 2 - the petitioner no.2 . In the facts and circumstances of the case, let the petitioners, namely, Kamleshwar Lal and Sunil Singh, in the event of their arrest or surrender in the court below within six weeks from the date of this order 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 the Chief Judicial Magistrate, Gopalganj in complaint case no. 506/2007 subject to the conditions as laid down under section 438(2) of the Cr.P.C. Sym ( Dr. Ravi Ranjan ,J.)