IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8762 of 2010 1. VIJAY YADAV 2. BIGAN YADAV @ BRIJ MOHAN YADAV 3. RANJU YADAV 4. SANJU YADAV 5. JAILAL YADAV VERSUS STATE OF BIHAR ----------- 02. 12.03.2010 Heard counsel for the petitioners. No one appears on behalf of the State. The petitioners are facing accusation(s) punishable under sections 341,323 & 504 IPC including section 3(i) (x) (iii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. While pressing this application it is stated that initially with regard to the date of occurrence, a complaint before the Surpanch was made (Annexure-2) where the allegations constituting offence(s) under SC/ST Act were not made. It is next contended that seven days thereafter the present case has been lodged. It is further contended that the provisions of SC/ST Act, shall not be attracted. Be that as it may, having regard to the fact that the petitioners are facing charge(s) punishable under SC/ST Act which in course of investigation appears to have been supported by the witnesses, as reflected from the impugned order, this Court is not inclined to extend them the privilege of anticipatory bail. Their prayer for bail is accordingly rejected. - 2 - Let it be recorded that the present order shall not prejudice the court below in any manner while considering their application for grant of regular bail on merit. hr ( Kishore K. Mandal )