IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3579 of 2010 1. BABAN THAKUR 2. MANDAN THAKUR 3. RAMCHANDRA THAKUR @ CHANDRA THAKUR 4. BABLU THAKUR 5. NANKAHU THAKUR 6. VIJAY THAKUR 7. SANJAY THAKUR @ PAPPU @ PAPPU THAKUR 8. AJAY THAKUR 9. DIPENDRA THAKUR ---- PETITIONERS. Versus THE STATE OF BIHAR ---- OPP. PARTY. ----------- 2 01.02.2010 Heard both sides. Petitioners seek anticipatory bail in a case instituted under diverse Sections of the Penal Code including Section 3(i)(x) of the S.C/S.T. (Prevention of Atrocities) Act. Learned counsel for the petitioners submits that all the Sections of the Penal Code are bailable. It is next contended that on account of erection of a drain, the dispute arose. Learned counsel for the petitioners further submits that on the basis of allegations spelt out in the F.I.R. no case under the Provisions of the S.C./S.T.(Prevention of Atrocities) Act are made out, and as such, they are entitled to anticipatory bail. It is next contended that lands on which construction of drainage was being carried out belong to the petitioners. It is further highlighted that proceedings under Sections 107 and 144 Cr.P.C. are pending at the instance of the petitioners. This Court refrains from recording any findings as to whether a case under the Provisions 2 of S.C./S.T. ( Prevention of Atrocities) Act is/are made out or not as the same shall prejudice the case of either party. Better course for the petitioners would be to surrender before the Court below and apply for regular bail. In case such an application is filed, the same shall be considered by the Court below on their own merits uninfluenced by the present order passed by this Court in the present proceeding. With this observation, the application stands disposed of. Sym/ (Kishore K. Mandal, J.)