IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47060 of 2008 1.CHATURI HEMBRAM son of late Dina Hembram 2.Hopan Murmur son of late Prithwi Murmur 3.Ghutar Murmur son of late Prithwi Murmur 4.Pradhan Chourey son of late Doman Chourey 5.Manjar Chourey @ Baidnath Chourey son of late Doman Chourey 6.Dhena Murmur son of late prithwi Murmur 7.Barku Hembram son of Chaturi Hembram 8.Pirthwi Hembram son of late Dina Hembram 9.Munshi Murmur @ Munshi Lal Murmur son of Shambhu Murmur. All are resident of village-Singhia Pirthwi Tola, P.S.-K.Nagar(Champa Nagar), Dist.-Purnia Versus THE STATE OF BIHAR ----------- 2. 3.2.2009. Heard learned counsel for the petitioners and the State. All the nine accused apprehend their arrest in a complaint case which has been lodged under sections 379, 384 and some other sections of the Indian Penal Code. Allegation is that the petitioners formed unlawful assembly. They took away bamboo on the threat of fire arm. Signature of the complainant was also taken on the plain paper. Submission is that the complainant and the petitioners are at logger head on account of a proceeding under section 48E of the Bihar Tenancy Act for declaration of Bataidari right against the mother of the complainant. Those cases are 21 of 2007-08, 20 of 2007-08, 19 of 2007 and 18 of 2007. Considering the facts and circumstances of the case, the prayer for grant of anticipatory bail is allowed. The above named petitioners are directed to surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order and in that event they shall be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Sri B.K.Mishra, Judicial Magistrate, 1st Class, Purnia in connection with C.A.Case No. 613 of 2007 subject to the conditions as laid down under section 438(2) Cr.P.C. Md.S. (Shyam Kishore Sharma,J.)