IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.5797 of 2010 1. HARI YADAV 2. Nunulal Yadav, Both sons of Late Jharkhandi Yadav 3. Bhuneshwar Yadav, 4. Shiv Narayan Yadav Both sons of Late Jago Yadav 5. Kapildeo Yadav, Son of Hari Yadav Versus STATE OF BIHAR ----------- 2/ 05.04.2010 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in a case registered for the offence under Sections 323, 341, 147, 148, 379, 504 and 382 of the Indian Penal Code and Section 3(x) of the Scheduled Castes / Scheduled Tribes (Prevention of Atrocities) Act. Learned counsel for the petitioners submits that no offence under SC/ST Act is made out against the petitioners, because as per complaint, there was no public around the place. Learned counsel relying upon a decision reported in PLJR 2005 (3) 744, (Mahesh Prasad Singh & Ano. Vs. The State of Biha & Ano.), submits that no details as to the person in whose presence, the offence has been committed, have been uttered. 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 Complaint Case No. 1281 C of 2007, petitioner nos. 2, 4 and 5 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 Sub-Divisional Judicial Magistrate, Jamui, subject to the conditions as laid down under Section 438(2) of - 2 - the Code of Criminal Procedure. So far as petitioner nos. 1 and 3 are concerned, I am not inclined to grant anticipatory bail to them. Their prayer for anticipatory bail is rejected. However, they should surrender before the court below within six weeks from today and seek for regular bail and the same would be disposed of preferably on the same day without being prejudiced by this order. This application is, accordingly, disposed of. Uday/ (Samarendra Pratap Singh, J.)