IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8659 of 2010 1. SHIV SHANKAR RAI, 2. Rama Shankar Rai, Both sons of Tulsi Rai of village- Samardiha, P.S.-Sasaram(M),District-Rohtas. .. .. .. Petitioners Versus THE STATE OF BIHAR .. Opp.Party ----------- For the Petitioners :M/s Bimal Kumar & Raghunandan Kr.Singh, Advocates For the State :Mr. L.K.Sharma,Addl.P.P. For the Informant :Mr. Sanjay Kumar @ Manu, Advocate. ----------- 02/ 21-04-2010 Heard learned counsel appearing for the petitioners, learned counsel appearing for the State as also learned counsel appearing on behalf of the informant. Petitioners apprehend their arrest in connection with S.C./S.T. Rohtas (Dehri) P.S.Case No.80 of 2009 dated 18-12-2009, registered under Sections 504/506/379/34 of the Indian Penal Code as also under Section 27 of the Arms Act and under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. It is submitted by the learned counsel for the petitioners that in view of the ratio decidendi as laid down by this Court in an unreported case of Sajjo and others Vs. The State of Bihar passed in Cr.Misc.No.746 of 2010 and its analogous cases, offences alleged under Section 3(1)(x) of the said Act are inapplicable and, therefore, this petition under Section 438 Cr.P.C. is maintainable. It is further submitted that almost all the offences 2 except offence under Section 379 of the Penal Code are bailable one and there appears to be bonafide land dispute between the parties. Learned counsels appearing on behalf of the State and the informant have strongly opposed the prayer for anticipatory bail made on behalf of the petitioners. Be that as it may, in the facts and circumstances of the case, in the event of arrest/surrender within a period of four weeks from today in the above noted case, 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 satisfaction of the Chief Judicial Magistrate, Rohtas at Sasaram, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Birendra Prasad Verma, J.)