IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.8285 of 2009 1. BACHCHU BHAGAT, Son of Late Gudri Bhagat, resident of Village-Mari Pur, Tola-Talwa, P.S.- Madhuban, District- East Champaran, 2. Rajeshwar Prasad, 3. Shambhu Bhagat, both are son’s of Late Chethru Bhagat, 4. Babu Saheb @ Babu Saheb Prasad, son of Baith Nath Bhagat, all are, resident of Village-Mari Pur, Tola- Marhiya, P.S.-Madhuban, District-East Champaran. . . . . . Petitioners. Versus STATE OF BIHAR ----------- 2/ 09.06.2009 Heard learned counsel for the petitioners and the State. Petitioners are apprehending their arrest in connection with a complaint case registered for the offences under Sections 420, 467, 468, 471, 447 and other allied Sections of the Penal Code. They are the purchaser of the land from the daughter of Fatinga Bhagat and the complainant is the nephew of Fatinga Bhagat. It is submitted on their behalf that summons issued in the complaint case was never served on the petitioners and if the summons were served, they would have appeared and contested the complaint case which is raising dispute of civil nature as the interest of Fatinga Bhagat is the subject matter of the sale deed executed in their favour. Let the petitioners surrender within four weeks from today before the court below and if it appears from the record that summons were not served on them then they namely 1. Bachchu Bhagat, 2. Rajeshwar Prasad, 3. Shambhu Bhagat and 4. Babu Saheb @ Babu Saheb Prasad be admitted to privilege of bail on furnishing bail bonds of Rs.5000/- (Rs. Five thousand), each, with two sureties of the like amount each to the satisfaction of Sri S.C. Dwivedi, Judicial - 2 - Magistrate, 1st Class, Motihari, East Champaran in connection with Complaint Case no. C-1778 of 2006, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Let this order be communicated to the court below through Fax on payment of usual charges by the petitioners. Uday/ (V. N. Sinha, J.)