IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.5824 of 2010 1. BIJENDRA KUMAR SAH 2. Umesh Kumar Sah, Both sons of Baleshwar Sah Versus THE STATE OF BIHAR ----------- 2/ 23.04.2010 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in a case registered for the offence under Sections 323, 420, 406 and 504 of the Indian Penal Code and Section 3 (x) of SC/ST Act. Learned counsel for the petitioner submits that no case under Section 3(x) of the SC/ST Act is made out. He further submits that even taking the point of least resistance, the alleged offence can be said to be attributed to Baleshwar Sah. Learned counsel submits that allegation against petitioner no.-2 would come at the maximum under Section 323 of Indian Penal Code. Having regard to the facts and circumstances of the case, in the event of arrest or surrender within six weeks from today before the court below in connection with Begusarai SC/ST P.S. case no. 113 of 2006, petitioner no.-2 shall be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. - 2 - The allegation against petitioner no.1 is of snatching Rs. 3,000/- as such I am not inclined to grant anticipatory bail. His prayer for anticipatory bail is rejected. However, if he surrenders before the court below within six weeks from today and prays for regular bail, the same would be disposed of preferably on the same on its own merit without being prejudiced by this order. Uday/ (Samarendra Pratap Singh, J.)