IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.34303 of 2010 SHANKAR MAHTO @ SHANKAR KUMAR, son of Gorakh Mahto Versus STATE OF BIHAR ----------- 2/- 9.11.2010 Heard learned counsel for the petitioner as well as learned counsel for the State. Petitioner, namely, Shankar Mahto@ Shankar Kumar apprehends his arrest in connection with Dighwara P.S. Case No. 43 of 2010, registered under Sections 323, 341, 504, 379 of the Indian Penal Code and 3(i) (x) of the S.C./S.T. (Prevention of Atrocities) Act . Although, the case has been registered under the provisions of S.C./S.T. (Prevention of Atrocities) Act but the learned counsel for the petitioner drew my attention towards Annexure-2 i.e. Supervision Report of the Superintendent of Police, Saran and points out that the alleged occurrence took place on account of land dispute and in fact, it is a case of simple marpit but the informant lodged this case with exaggerated story and the application for provision of S.C./S.T. ( Prevention of Atrocities) Act appears to be doubtful. 2 Considering the aforesaid facts and circumstances, this anticipatory bail petition is allowed. In the event of arrest/surrender within 30 days from receipt of the order, the petitioner, named above shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Dighwara P.S. Case No. 43 of 2010 to the satisfaction of Chief Judicial Magistrate, Saran subject to condition as laid down under Section 438 (2) of the Cr. P.C. Ashwini/- (Hemant Kumar Srivastava, J.)