IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41271 of 2009 1. PAPPU PASWAN 2. Dabalu Paswan Both sons of Mangaru paswan,village-Laxmipur Khajraitha,P.S.- Parbatta, District-Khagaria. 3. Subhash Paswan,son of late Ramtahal Paswan,resident of village-Bakia,P.S.- Choutham,District-Khagaria. Versus THE STATE OF BIHAR ----------- 02/ 10-12-2009 Heard learned counsel for the petitioners and the State. It is a case of false prosecution; otherwise petitioners are Gotia having litigation. A proceeding under Section 107 Cr.P.C. and title suit are pending between the parties and allegation of 307 of the Penal Code is for pressing neck by means of Gamchha, basing which petitioners’ arrest at the moment cannot be justified. I agree with the submission. Accordingly, this petition for anticipatory bail is allowed. In case of arrest or surrender within one month from the date of receipt/production of a copy of this order in Parbatta P.S.Case No.137 of 2009, the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria, subject to the conditions as laid down under sub- section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )