IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30133 of 2011 1.Sanjay Singh @ Sanjay Kumar Singh S/o Raghunath Singh R/O village-Agahara, P.S.-Navinagar, District- Aurangabad 2.Dhiraj Kumar Prasad @ Dhiraj Prasad S/o late Ram Niwas Prasad, R/o Village-Rajur, P.S.-Mali, District- Aurangabad Versus The State Of Bihar ----------- 2. 8.9.2011. Heard learned counsel for petitioners and learned counsel for the State. Petitioners apprehend their arrest in connection with a case registered for the offence under sections 406 and 420/34 of the Indian Penal Code and section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. It is submitted on behalf of petitioners that they are not named in the first information report. The specific allegation of casting derogatory remarks attracting offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is confined against accused no.5, Surendra Mishra. The allegation is that officials of OCPM Company took deposit from different persons but neither issued bond nor any payment was made to the depositors. The officials of the OCPM Company misappropriated entire amount and fled away closing the company. It is stated on behalf of petitioners that originally the case was filed as a complaint which was referred to the police for institution of first information report and investigation. Five persons were named in the category of accused and out of them co-accused, namely, Sushil Kumar Pathak, Prahalad Singh and Pravin Kumar Singh have been granted privilege 2 of anticipatory bail by order dated 14.7.2010 passed in Cr. Misc. No.21981 of 2010 and co-accused, namely Surendra Kumar Mishra and Haribansh Narayan Singh have been granted privilege of anticipatory bail by order dated 2.11.2010 passed in Cr. Misc. No.33172 of 2010 by this court. Learned counsel for petitioners submits that the case of petitioners who are not named in the first information report stands on better footing to that of the accused, who have been granted anticipatory bail by this court. Taking into consideration the aforesaid facts let the petitioners, namely, Sanjay Singh @ Sanjay Kumar Singh and Dhiraj Kumar Prasad @ Dhiraj Prasad in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/communication of the order be released on bail on furnishing bail bonds of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Aurangabad in connection with Aurangabad (Nagar) P.S.Case No.287 of 2009 arising out of Complaint Case No.492 of 2009 subject to the conditions as laid down under sections 438(2) of the Code of Criminal Procedure. Md.S. ( Ashwani Kumar Singh, J.)