IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44934 of 2010 1. BIRJU KEBAT s/o Rambilas Kebat 2. Fulkumari Devi w/o Rambilas Kebat Both r/o village- Labhgaon, Gopitola, P.S. Muffasil, District- Khagaria. ……….Petitioners. Versus THE STATE OF BIHAR ----------- 2. 26.03.2011 Heard learned counsel for the petitioners and learned counsel for the State. The previous enmity arising out of two earlier criminal cases filed by the petitioners against the informant and the nature of allegation made in the present case as against the petitioners, even if accepted in its entirety, would not prima facie make him liable for the main offence inasmuch as on the material available on record as of now it would be difficult to come to an irresistible conclusion that the same would constitute ingredients for making out offence under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against either of the petitioners. That being so, this Court would direct for release of the petitioners, namely, Birju Kebat and Fulkumari Devi on bail in the event they would surrender within a period of four weeks from today on furnishing 2 bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of C. J. M., Khagaria in connection with Begusarai Harijan P. S. Case No. 82/2010 (G.R. No. 520/2010), subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to the following conditions:- (i) The two bail bonds will be furnished, one by the Government servant and the other by a close family relative. (ii) The petitioners will remain present in course of trial on each and every day and their absence even for a single day would automatically entail the consequences of cancellation of their bail. (iii) The petitioners in case are now made accused in any other criminal case, that would itself lead to cancellation of their bail. Subject to the aforementioned conditions, the prayer for anticipatory bail of the petitioners is allowed. kanchan (Mihir Kumar Jha, J.)