IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32074 of 2010 1. VIRI LAL YADAV, SON OF LATE RADHU YADAV 2. ASHESHAR YADAV 3. PARMESHWAR YADAV @ BHUAR, BOTH SONS OF VIRI LAL YADAV 4. HIRAMAN YADAV, SON OF LATE RADHU YADAV 5. ACHHELAL YADAV 6. BIRENDRA YADAV, BOTH SONS OF HIRAMAN YADAV 7. MADAN YADAV 8. HARI YADAV, BOTH SONS OF LATE CHOCHA YADAV 9. MAHANGU YADAV, SON OF LATE MANGAL YADAV ALL RESIDENT OF VILLAGE KAUWADOGAR, P.S. RAXAUL, DISTRICT EAST CHAMPARAN. ----- PETITIONERS Versus THE STATE OF BIHAR ----- OPPOISTE PARTY ----------- 2 7.10.2010 Petitioners are apprehending their arrest in a case under Sections 341, 323, 504, 147, 148, 379 and 506 of the Indian Penal Code and 3(i)(x)(v) of the SC/ST Act. The occurrence is said to have taken place on 6.4.2010 whereas the Fardebeyan was recorded on 19.4.2010 for which there is no explanation. It would appear from the First Information Report as well as the order of the Court below that the entire occurrence has taken place because of a land dispute between the parties. The allegation under the SC/ST Act has been deliberately included in order to make the offence non-bailable In any event, merely taking the caste name of a person really not amount to an offence under the SC/ST Act. All allegations of 2 theft have also been found to be untrue and false, which also according to the counsel for the petitioners indicates the reasons for filing this false case. Be that as it may, the above named petitioners are directed to be released on anticipatory bail in the event of their arrest or surrender within a period of six weeks in connection with Hazipur SC/ST P.S. Case No. 251 of 2010 on furnishing bail bonds of rupees ten thousand each with two sureties of the like amount each to the satisfaction of the Sub-divisional Judicial Magistrate, Raxaul, East Champaran subject to the conditions laid down under Section 438(2) of the Cr.P.C. Sanjay ( Sheema Ali Khan, J.)