ORDER :

1. Heard learned counsel for the parties.

2. Apprehending their arrest in connection with Chainpur P.S. Case No. 09 of 2023 instituted under Sections 467, 468, 415, 420, 120B, 506/34 of the Indian Penal Code and Section 3 of Prevention of Damage of Public Property Act, the petitioners have moved to this Court for grant of privilege of anticipatory bail.

3. As per F.I.R. allegation is that accused persons were involved in filling a pond with earth and leveling it. It is further alleged that accused are plotting and making construction over the land and are selling the land of the pond in high price.

4. Learned counsel for the petitioners has submitted that petitioners are innocent and have committed no offence at all rather they have been falsely implicated in this case. It is submitted by the learned counsel for the petitioners that a false and fabricated case has been manipulated by the police intruding into the dispute between the brothers who are the owners of the disputed land. No public property has been damaged. Circle officer has also filed counter affidavit in this case and it is apparent that no government land is involved in this case as alleged in the FIR. Petitioners have not cheated or conspired to cheat any person or the government. Petitioners have no criminal antecedent.

5. Learned Spl. P.P. appearing for the State opposes the prayer for anticipatory bail of the petitioner.

6. It appears that counter affidavit has been filed by the concerned Circle Officer and other documentary evidence shows dispute between the petitioner and his brother about the land. It is raiyat land. Claim of government, if any may be decide through civil action.

7. Considering the facts and circumstances of this case, the nature of allegation coupled with materials on record, I am inclined to grant privilege of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court below within four weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned SDJM, Palamau at Daltonganj in connection with Chainpur P.S. Case No. 09 of 2023 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change their mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.