IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25057 of 2010 KAILU MAHTO @ KAILU YADAV, son of Late Mano Mahto, resident of village – Jeetjhingai, P.S. Khaira, District – Jamui. -------------- Petitioner. Versus THE STATE OF BIHAR -------- Opposite Party. ----------- 02. 16.08.2010 Heard learned counsel for the petitioner and learned counsel for the State besides learned counsel for the informant. Petitioner is named accused in this case carries allegation of getting a sale deed executed in the year 1995 whereas in fact alleged executant of the document was dead roughly five years ago in the year 1990 and a heirs has transferred portion of land in favour of the informant of this case. There is counter version also by way of Jamui P.S. Case No. 354/2009 from para 6 of order of learned Sessions Judge. It appears that in the case instituted at the instance of petitioner, supervising authority has recommended initiation of proceeding under section 182, 211 of the Indian Penal Code against him, but as submitted till today investigation is still pending. The dispute between the parties appears to be related with a piece of land and very genuiness as regard to existence of executant is in controversy. Prima facie the case appears to be of civil nature, considering the facts and circumstances of the case, in the event of his arrest/surrender before the court below within four weeks of receipt of the copy of this order, petitioner, namely, 2 Kailu Mahto, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jamui, in connection with Jamui P.S. Case 353/2009, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below on each and every date at least for two years or till disposal of the case whichever is earlier, in case of failure on two consecutive dates, the liberty shall be deemed to be cancelled. Rajeev/ (Akhilesh Chandra, J.)