IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.36157 OF 2009 1. MAHENDAR YADAV @ MAHENDRA YADAV, SON OF LATE MUNDRIKA YADAV 2. UPENDAR YADAV @ UPENDRA YADAV, SON OF LATE MUNDRIKA YADAV 3. BAKHORI YADAV @ BAKHAURI YADAV, SON OF LATE SITA RAM YADAV 4. RAJNANDAN YADAV, SON OF BAKHORI YADAV @ BAKHAURI YADAV 5. ISHWARI YADAV, OF BAKHORI YADAV @ BAKHAURI YADAV 6. SIYA RAM YADAV @ JAI SIYA RAM YADAV, SON OF LATE RAGHU YADAV ALL RESIDENT OF VILLAGE TARARI TOLA, GOPALPUR, POLICE STATION KONCH, DISTRICT GAYA ……………………………………………………………………..PETITIONERS VERSUS THE STATE OF BIHAR ******** 3 11/12/2009 Learned Counsel for the petitioners seeks permission to withdraw this anticipatory bail application so far as petitioner nos. 1 and 3, namely, Mahendar Yadav @ Mahendra Yadav and Bakhori Yadav @ Bakhouri Yadav are concerned. This application is dismissed as withdrawn so far as petitioner no. 1 and 3 are concerned. Heard learned Counsel for the petitioners and the A.P.P. appearing on behalf of the State. The petitioners are apprehending arrest in a case under Section 379 and other allied sections of the Indian Penal Code. Learned Counsel for the petitioners submits that all the sections except Section 379 of the Indian Penal Code are bailable. The occurrence is said to have 2 taken place because of a land dispute. The petitioners have claimed that they are in possession of the land as they are the purchasers of the land whereas the informant claimed the lands on the basis of mutation which has been held as prima facie false as the Deputy Collector Land Reforms found that there is interpolation in the documents. It is submitted that in a case arising out of land dispute, the allegation of theft is ornamental rather than true. Be that as it may, the above named petitioner nos. 2, 4, 5 and 6, namely, Upendar Yadav @ Upendra Yadav, Rajnandan Yadav, Ishwari Yadav, Siya Ram Yadav are directed to be released on anticipatory bail in the event of arrest/surrender before the Court below within a period of six weeks from today in Konch Police Station Case No. 73 of 2009 on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure. Anand ( Sheema Ali Khan, J.)