IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11458 of 2009 1. EHETASHAMUDDIN, 2. Heshamuddin, 3. Shah Nawaz Hussain, All Sons of Md. Kalimuddin Versus THE STATE OF BIHAR ------ 2/ 17.04.2009 Heard learned counsel for the petitioner and learned counsel for the State. A sale deed pursuant to agreement for sale of the property by one Md. Kalimuddin even after receiving part of the amount, was not executed, rather power of attorney in favour of accused no.5 is executed. According to the learned counsel, petitioners have no role to play for execution of the sale deed or had any role to play in execution of agreement to sell. Moreover, he was their father against whom any liability can be fixed. So petitioners’ arrest at the moment cannot be justified. Accordingly, the prayer of the petitioners is allowed. In the event of arrest or surrender within one month from today in connection with Civil Lines P.S. Case No. 28 of 2009, above 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., Gaya subject to the conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh,J.)