IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8793 of 2010 1. VIJAY RAI 2. Laldeo Rai 3. Adhik Rai 4. Lalan Rai All are sons of Sukhari Rai 5. Jagu Choudhary,son of Kailu Choudhary 6. Deo Saran Rai,son of Mohan Rai 7. Ravindra Rai,son of Deo Saran Rai All the aforesaid are resident of village-Paharpur East,P.S.-Jurawanpur, District-Vaishali. .. Petitioners Versus THE STATE OF BIHAR .. Opp.Party ----------- For the Petitioners :Mr. S.N.P.Sinha,Sr.Advocate For the State :Mr. Ajay Mishra,Add,P.P. ----------- 03/ 22-04-2010 Heard the parties. Petitioners apprehend their arrest in connection with Jurawanpur P.S.Case No.02 of 2010 dated 06-01-2010, registered under Sections 147, 148, 149, 323, 504, 427, 448, 337 and 380 of the Indian Penal Code as also under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. It is submitted by the learned counsel for the petitioners that there are a case and counter case from both the sides vide Annexures-1 and 3 respectively and there appears to be bonafide land dispute between the parties. It is further submitted that both the sides had sustained injuries on their persons. It is also submitted that in view of the ratio decidendi as laid down by this Court in an unreported case of Sajjo and others Vs. The State of Bihar passed in Cr.Misc.No.746 of 2010 and its analogous cases, the provisions under Section 3(1)(x) of the said Act are 2 inapplicable and, therefore, the petition under Section 438 Cr.P.C. is maintainable. Learned counsel for the State, though has opposed the prayer for anticipatory bail, but has not disputed the aforesaid legal position. Be that as it may, in the aforesaid facts and circumstances of the case, in the event of arrest/surrender within a period of four weeks from today in the above noted case, the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Birendra Prasad Verma, J.)