IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39835 of 2010 NARAYAN SETH @ PAKHRU SETH Versus STATE OF BIHAR ----------- 2 08-11-2010 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner’s prayer for anticipatory bail in a case u/s 323 and some minor sections of the IPC, u/s 27 of the Arms Act and under SC and ST (Prevention of Atrocities) Act has been rejected mainly on the ground that anticipatory bail cannot be granted in SC and ST (Prevention of Atrocities) Act case. Learned counsel for the petitioner has pointed out that initially the case was lodged through a first information report and after investigation the police found the case to be false and submitted final report but due to protest petition the present case has been initiated as a complaint case. Considering the fact that police found the case false, this application is disposed of with an observation that if the petitioner, namely, Narayan Seth @ Pakhru Seth surrenders within six weeks before the Judicial 2 Magistrate, 1st class, Kaimur at Bhabhua in connection with complaint case no. 82/2010 (Tr. No. 1371/2010), in that event on his furnishing sufficient surety to the satisfaction of court below he shall be enlarged on bail on the date of surrender itself. If cost is deposited, let this order be communicated to the court of Judicial Magistrate, 1st class, Kaimur at Bhabhua in connection with complaint case no. 82/2010 by fax. BKS/- (Shiva Kirti Singh, J.)