IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33828 of 2010 CHANDRIKA DAS & ORS Versus STATE OF BIHAR ----------- 2 04.11.2010 Heard learned counsel for the petitioners as well as learned counsel for the state. At the very outset, learned counsel for petitioners points out that petitioner No. 4 Kishun Das has already surrendered before the learned court below. Accordingly, the prayer for anticipatory bail on behalf of petitioner No. 4 stands dismissed being infructuous. So far as rest petitioners, namely, Chandrika Das, Madhaw Lal Mahto, Sahdev Ram and Shambhu Das are concerned; admittedly petitioner Nos. 1 and 2 are purchasers and they have purchased the land in question from above said accused, Kishun Das and so far petitioner Nos. 3 & 5 are concerned, admittedly, they were witnesses on the sale deeds in question. The contention of learned counsel for petitioners is that as a matter of fact, the disputed land was recorded in joint name of Jugeshwar Hazam and Jag Hazam and as a matter of fact, the grand son of Jag Hazam sold the aforesaid land in favour of Gaya Roy who subsequently, sold the said land to co-accused Kishun Das and subsequently, petitioner Nos. 1 & 2 purchased said land 2 from the aforesaid Kishun Das. Considering the aforesaid facts and circumstances, this anticipatory bail petition is allowed. In the event of arrest/surrender within 30 days from receipt of the order, the petitioners, above-mentioned shall be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Bettiah Town P.S. Case No. 345 of 2009 to the satisfaction of Chief Judicial Magistrate, Bettiah (West Champaran) subject to condition as laid down u/S 438(2) of the Cr.P.C, AKV/- ( Hemant Kumar Srivastava,J.)