IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.44898 of 2009 1. RAFIQUE MIAN S/o Riyaz Ali Mian 2. Afroz Ansari, S/o Rafique Mian 3. Fahim Ansari, S/o Riyaz Ali Mian 4. Jamal Ansari, S/o Fahim Ansari 5. Raju Ansari S/o Nasar Mian 6. Naim Ansari, S/o Fahim Ansari Versus THE STATE OF BIHAR ----------- 3/ 23.03.2010 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in a case registered for the offence under Sections 147, 341, 323, 504 and 506 of the Indian Penal Code and Sections 3(i)(iv) and (x) of the Scheduled Castes / Scheduled Tribe (Prevention of Atrocities), Act. The learned Sessions Judge rejected the prayer for anticipatory bail of the petitioners observing that the same is not maintainable. Learned counsel for the petitioners submits that the title suit is pending between the parties. He further submits that the allegation of assault to the informant and his son by sticks, is false. He further submits that petitioner no.1, Ragique Mian is aged about 70 years and petitioner no.5, Raju Ansari is aged about 64 years. Having regard to the facts of the case, I am not inclined to grant anticipatory bail to petitioner nos. 2, 3, 4 and 6. Their prayer for bail is rejected. However if petitioner nos. 1 and 5 surrender before the court below (Chief Judicial Magistrate, Gaya in connection with SC/ST Gaya P.S. case no. 04 of 2009) they would - 2 - be released on bail on furnishing bail bonds of Rs. 5,000/- each with two sureties of the like amount each, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Uday/ (Samarendra Pratap Singh, J.)