IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15308 of 2009 1. ANIL RAI, son of Shankar Rai 2. Pankaj Rai,son of Sheo Narayan Rai Both resident of village-Bakhra, Imli Chauk,P.S.-Saraiya,District- Muzaffarpur. Versus THE STATE OF BIHAR ----------- 02/ 01-05-2009 Heard learned counsel for the petitioners and the State. There is a case and counter case for the incident of the same day. Submission of the learned counsel for the petitioners is that occurrence took place within the territory of Muzaffarpur, so a case was lodged by one of the affected persons Ram Chandra Choudhary, which was for the simple Mar-Pit. The informant felt some manipulation by making the offence graver, so he came to Hajipur and filed another FIR including the offence under Sections 379, 452 of the Penal Code and also 3(1)(x)(xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as `the S.C. and S.T. Act’ in short). Making of the case under S.C. and S.T. Act under the discussed circumstances is not believable and basing the exaggerated allegation regarding other Sections under 452 and 379 of the Indian Penal Code arrest cannot be justified. I agree with the same. Accordingly, this petition for anticipatory bail is allowed. In case of arrest or surrender within one month from today in S.C. S.T. Hajipur P.S.Case No.36/2006, the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand)each with two sureties of the like amount each to the 2 satisfaction of the Chief Judicial Magistrate, Muzaffarpur, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )