IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16915 of 2009 1. MOST.ARCHANA BHARTI @ ARCHAN BHARTI, W/o-Late Vijay thakur. 2. Bina Devi W/o-Nagendra Thakur 3. Nagendra Thakur S/o-Late Mantlal Thakur, All are resident of village-Maranga, P.S. Khajanchihat, District-Purnea ………………….. Petitioners Versus STATE OF BIHAR ………………….. Opposite Party ----------- 2 15.05.2009 Heard counsel for the petitioner and counsel for the State. On the own showing of the complainant, what ever be the allegations against the other persons who may have cheated him in conveying the land, so far the petitioner Nos. 1 and 2 are concerned they are mere purchasers and thus it would be very difficult to assume at this stage that they despite knowledge of the earlier sale deed in favour of complainant would have still got a sale deed in their favour. Obviously, the implication of petitioner Nos.1 and 2 seems to be only by way of extending the case of the complainant as against the main accused. This Court also would not find any specific allegation against the petitioner No.3 who has been merely named in the complaint petition without any specific overt act on his part. That being so, the case of the petitioners stand absolutely on a different footing than other co- accused persons and accordingly, this Court would direct for release of the petitioners, namely, Most Archana Bharti @Archana Bharti, Bina Devi, Nagendra Thakur, on bail in the event of their surrender before the Court below within a period of four weeks from today, on 2 furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri S.M.F. Bari, J.M. Ist Class, Katihar in connection with Complaint Case No. C.A. 11/2009, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure. Bibhash (Mihir Kumar Jha, J.)