IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20516 of 2009 ASHRAF ALI @ MD.ASHRAF @ GULAB, son of Md. Saghir @ Saghir Uddin, resident of Nawab Chowk Pokharia, P.S.-Town Begusarai, District-Begusarai-------------------------------Petitioner. Versus STATE OF BIHAR ----------- 2. 20.7.2009 Heard learned counsel for the petitioner and the State. The submission of learned counsel for the petitioner is that to grab petitioner’s land by constructing a hut over it and getting the land transferred from himself this case is lodged. Otherwise the land is existing in the name of the petitioner’s wife. In earlier point of time the case was lodged by his wife also and a vague allegation of abuse in the name of caste was leveled. No doubt offence under sections 452 and 386 of the Indian Penal Code appears super-addition but section 3(1)( x) of SC & ST (Prevention of Atrocities) Act is there which makes anticipatory bail non-maintainable. Accordingly, the same is rejected. However, petitioner is directed to surrender in the court below i.e., C.J.M., Begusarai, in connection with Begusarai(SC & ST) P.S. case no.49 of 2008 and pray for regular bail which shall be decided considering the litigation in between the parties and without being prejudiced by the rejection order of the Court. Sudip ( Mandhata Singh, J )