IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5271 of 2009 1. SUBODH PRASAD YADAV @ SUBODH KUMAR 2. BHOSU YADAV 3. BHUNESHWAR PRASAD YADAV 4. DWARIKA PRASAD YADAV 5. SARYU YADAV @ SARJU YADAV Versus STATE OF BIHAR ----------- 02/ 15.05.2009 Learned counsel for the petitioners seeks permission to withdraw this petition for anticipatory bail on behalf of petitioner no.3, namely, Suresh Yadav alias Suresh Prasad Yadav as he has died. However, he presses this petition with regard to the remaining petitioners. Accordingly, this petition for anticipatory bail on behalf of petitioner no.3 is dismissed as withdrawn. Heard learned counsel for the petitioners and learned counsel for the State. This petition for anticipatory bail has been filed by the petitioners, who are accused for offences punishable under sections 147, 148, 149, 452, 323, 376, 511 and 379 of the Penal Code and 3(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Learned counsel for the petitioners submits that the alleged place of occurrence is a house and hence the provision of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 will not be applicable. He further submits that the entire allegation is false and frivolous as due to dispute between the two groups of people belonging to different castes over grazing of cattle, there was a case and counter case. It is also stated that only because 2 the petitioners belong to one of the said two castes, they have been implicated in the instant case although they have got no criminal antecedent. Considering the facts and circumstances of this case as well as the arguments of the parties, this petition is allowed. In case of surrender/arrest within fifteen days from the date of receipt of a copy of this order in the court below, let all the petitioners, namely, (i) Subodh Prasad Yadav alias Subodh Kumar, (ii) Bhosu Yadav, (3) Bhuneshwar Prasad Yadav, (5) Dwarika Prasad Yadav and (vi) Saryu Yadav @ Sarju Yadav be enlarged on bail on furnishing bail bonds of Rs.10,000.00 (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in connection with G.R. No. 1403/2008, arising out of Sirdala P.S. Case No. 80/2008, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. MPS/ ( S. N. Hussain, J. )