IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19554 of 2009 1. GANESH SINGH 2. Mahabir Singh Versus The STATE OF BIHAR ------ 2/ 10.07.2009 Heard learned counsel for the petitioners and learned counsel for the State. Complainant is transferee of petitioners’ ancestral land from father of petitioner no.1. Some dispute arose for construction over more area by the complainant which is being opposed. According to the complainant for ransom and according to the petitioners, being owner of the rest land, this dispute arises. It appears that Magistrate while taking cognizance did not care the probability in the name of prima facie case. Quite improbable allegation is levelled against the petitioners which can never be made the basis for petitioners’ arrest. Accordingly, the prayer of the petitioners is allowed. In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order in connection with Bhabua P.S. Case No. 442 of 2008, 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., Kaimur at Bhabua subject to the conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh,J.)