IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26346 of 2010 1. TRIBENI MUKHIYA son of late Janak Mukhiya 2. Jawahar Mukhia son of Akhileshwar Mukhiya 3. Suresh Mukhia son of Akhileshwar Mukhiya 4. Shaileshwar Mandal son of late Bhojal Mandal 5. Akhileshwar Mukhiya son of Ghonghai Mukhiya 6. Indranand Mukhiya sons of late Asharfi Mukhiya 7. Shibnandan Mandal son of late Shreedeo Mandal 8. Mangan Mandal son of Shree Nageshwar Mandal-----------Petitioners. Versus STATE OF BIHAR . ----------- 2. 23.8.2010 Heard Learned counsel for the petitioners and the State. Entering house, committing loot and setting the house on fire is denied on the ground that no such incident ever took place rather a wrong claim was made over the land on the stake that advance was paid, complainant was allowed to construct his house but no sale deed was executed rather incident was committed. Burning of any house meant for human dwelling requires its verification. Allegation is about mischief also by damaging the construction but police appears was not approached. Enquiry witness no.3 states in clear that police had come. Enquiry witness no.1 states about existence of complainant’s house at a distance of 900 feet West to the disputed land part of which is Government land. Having regard to the facts and circumstances of the case, in the event of arrest or surrender within a period of one month from the date of receipt/production of a copy of this order, above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Ist Class, Madhepura, 2 in connection with Complaint Case no.893 C/2004 ,subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh,J )