IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30713 of 2008 1. DINESH MAHTO, son of Lato Darogi Mahto 2. Binod Mahto @ Binod Kumar Mahto, son of Narayan Mahto Both r/o Village Naya Tola, PS Katihar Nagar District Katihar ………………. Petitioners Versus The STATE OF BIHAR …………………….. Opposite party ----------- 2. 15.10.2008 Heard the learned Counsel for the petitioners and the learned counsel for the State. The petitioners apprehend arrest in a Police case under Sections 406, 420 of the Penal Code and Section 3(viii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The submission is that there are no allegation for invoking latter Act. The allegations are in the nature of a claim for specific performance of contract for execution of a title deed. The court below without consideration of these aspects has mechanically rejected the prayer for anticipatory bail with no reasons given in the rejection order. Having considered the facts and circumstances of the case, let the petitioners, above named, surrender in the court below within a period of six weeks from today when he shall be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of CJM Katihar in Katihar (Mufassil) PS Case No. 65 of 2008, subject to the conditions as laid down under Section 438(2) Cr.P.C. Snkumar/- (Navin Sinha,J.)