IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45253 of 2010 1. RAJEEV RANJAN, S/O- NANDU PRASAD YADAV. 2. RAJ KUMAR MAHTO S/O- LAKSHMI MAHTO Versus THE STATE OF BIHAR ----------- 2 26.03.2011 Heard learned counsel for the petitioners and the State. Petitioner No. 1 claims to have purchased the plot of land on which construction was being made by him. Petitioner No. 2 is the vendor of the said plot of land in favour of petitioner No. 1. They seek anticipatory bail in a case instituted under Sections 341, 323, 379, 342 and 384 of Indian Penal Code. As per the allegation in the F.I.R., when the informant was engaged in construction of house on the plot in question, the accused persons came and obstructed. They demanded rangdari. It is also the allegation that some of them were thrashed. It is further averred in the F.I.R. itself that there is a Title Suit pending in respect of the land as also a proceeding under Section 145 CR.P.C. in respect of land in question. Learned counsel for the petitioners submits that prior to institution of the present case, father of petitioner No. 1 had lodged Malsalami P.S. Case No. 52 of 2010 under Sections 447, 341, 323, 427, 379/34 of Indian Penal Code alleging therein that when they were engaged in 2 construction of house, the informant of the present case and others came and obstructed and on protest, some of the persons on the prosecution side were also assaulted. It is thus the submission that there is a bona fide land dispute between the parties followed by case and counter case. In the facts and circumstances of the case, in the event of arrest or surrender in the Court below within a period of four weeks from today, petitioners above named are directed to be released on bail on furnishing bail bonds of Rs. 15,000/- (fifteen thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Patna City in connection Malsalami P.S. Case No. 53 of 2010 subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure with further condition that one of the bailors shall be own close family member of the petitioners. pkj ( Kishore K. Mandal, J)