IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.53177 of 2008 1. MOZAHIR MUSTAFA KHAN @ MOZAHIR MUSTFA 2. ASHRAF KHAN @ ASHRAF Versus STATE OF BIHAR ----------- 2. 18.4.2009 Heard Counsel for the petitioners and Counsel for the State. In the opinion of this Court, there would be some sense of justification for the petitioners to contend that on the very look of the F.I.R., the offence under Section 3(X) of the S.C. and S.T. (Prevention of Atrocities) Act is not made out. Once that submission would find favour from this Court, there would be full justification for the petitioners to claim anticipatory bail especially when the allegations against them were found to be false by the police, which had submitted the final form leading to cognizance only on account of the Magistrate differing with the police report. That being so, this Court would direct release of the petitioners, namely, Mozahir Mustafa Khan @ Mozahir Mustfa and Ashraf Khan @ Ashraf on bail in the event of their surrender before the court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri D.K.Verma, Judicial Magistrate, 1st Class, Aurangabad in connection with Rafiganj P.S.case no.141/2005, G.R. No.187/2005, Sessions Trial No.2985/2008 subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. Narendra/ ( Mihir Kumar Jha, J. )