IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2286 of 2011 1. MD. SHAMIM S/O LATE HASIM 2. MD. GAFOOR ANSARI S/O SHOBRATE ANSARI 3. MD. JIBRAHIL ANSARI S/O MD. HAROON 4. MD. AYUB ANSARI S/O HARUL ANSARI 5. RAJJAK ANSARI S/O LATE RAHMAN ANSARI 6. MD. SAHADAT ANSARI S/O MD. MAJLIS ANSARI 7. MD. MAHBOOB ANSARI S/O LATE TAIYAB ANSARI ALL R/O VILLAGE- ARKATTA P.S. BARAHAT, DISTRICT- BANKA Versus THE STATE OF BIHAR ----------- 2. 22.02.2011 Learned counsel for the petitioners is permitted to make necessary correction in the prayer portion of the petition. Heard counsels for the petitioners and the State. The learned counsel for the petitioners seek permission to withdraw the application with regard to petitioner no. 2 who has already been arrested. Permission is accorded. The application with regard to petitioner no. 2 is accordingly dismissed as withdrawn. So far as the petitioner no. 1 and petitioner nos. 3 to 7 are concerned, they are apprehending their arrest in a case registered under Section 147, 148, 448, 341, 323, 379, 435, 511/504 of Indian Penal Code and Section 3 (x) of S.C. / S.T. Prevention of Atrocities Act. It has been submitted by the learned counsel for the petitioner that there was a land dispute between the parties from before which gets reflected from the First Information Report itself, moreover, there is allegation of making assault 2 while entering in the house of the Informant which cannot be treated to be in public view, then the provision of S.C./ S.T. Prevention of Atrocities Act is not attracted. So far as the accusation of under Section 435 is concerned, it is not specific against any one, moreover, it is only alleged that an attempt was made to put the collected woods of the informant on fire. Considering the aforesaid facts, the accusation does not inspire confidence, let the petitioners above named, be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Banka (Barahat) P.S. Case No. 362/2010 on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. S.Ali/ Fahad. ( Dinesh Kumar Singh, J.)