IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2518 of 2010 1. Shiv Ballam Yadav, S/o Sri Bindeshwari Yadav. 2. Raj Ballam Yadav @ Chyhote Yadav, S/o Sri Bindeshwari Yadav. 3. Manoj Yadav, S/o Bindeshwari Yadav 4. Nanha Yadav, S/o Bindeshwari Yadav All resident of Village-Dhira Bigha, P.S. Alipur, District-Gaya ……..Petitioners. Versus The State of Bihar …………………………….Opposite Party. ----------- 3. 29. 03. 2010. Heard Mr. Bamdeo Pandey, learned counsel for the petitioners and Mr. Ram Priya Sharan Singh, learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in connection with S.C. and S.T. P.S. Case No. 59/09 dated 12. 09.2009, registered under Sections 147, 148, 323, 324, 380, 384 of Indian Penal Code and Section 3(1)(X) (XI) of S.C./S.T. Act. At the outset, learned counsel for the petitioners submits that in view of ratio decidendi laid by this Court in an unreported case of Sajjo & others Vrs. State of Bihar passed in Cr. Misc. No. 746/2010 and its analogous cases, offence under Section 3 of S.C. and S.T. (Prevention of Atrocities) Act are inapplicable and as such this application for grant of anticipatory bail is maintainable before this Court. It is also submitted that because of certain money transaction some altercation is said to have been taken place between the parties. The petitioners are alleged to have assaulted the members of prosecution parties by fist, kicks and slaps. 2 Learned counsel for the State has not disputed the aforesaid position. In that view of the matter, the petitioners, namely, Shiv Ballam Yadav, Raj Ballam Yadav @ Chhote Yadav, Manoj Yadav and Nanha Yadav, in the event of their arrest/surrender within a period of four weeks from today shall be enlarged 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 the Chief Judicial Magistrate, Gaya, in connection with S.C. and S.T. P.S. Case No. 59/09, subject to the conditions as laid down under Section 438(2) of Cr.P.C. m.p. (Birendra Prasad Verma,J.)