IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24737 of 2010 1. NANKULI TIWARI @ NANKUL TIWARI 2. CHANCHAL TIWARI 3. GUDDU TIWARI 4. RAJENDRA TIWARY --------------------- PETITIONERS Versus STATE OF BIHAR ----------- 2 21.9.2010 Heard learned counsel for the parties. Counter case is there, money was borrowed by the complainant but only non- bailable offence under section 3(i)(x) of ST/SC (Prevention of Atrocities) Act is alleged in which anticipatory bail is not maintainable. For the same, submission of learned counsel for the petitioners is that it occurred at the door and applicable against the petitioner no.1 only. Certainly offence is not serious for taking the same in regular side but same is not maintainable. Hence, prayer for anticipatory bail on behalf of petitioner no.1 is rejected. However, petitioner no.1 is directed to surrender and move for regular bail which shall be decided on the same day on its own merit without being prejudiced by this rejection order. 2 For petitioner nos. 2, 3 and 4, their prayer for anticipatory bail is allowed. In the event of arrest or surrender within one month from the date of communication of this order, the above named petitioner nos. 2, 3 and 4 shall be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in Complaint Case No. 754/2006, subject to the condition as laid down under section 438(2) Cr.P.C. AI ( Mandhata Singh, J.)