IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44629 of 2008 1. Bidya Bhushan Upadhyay son of Late Bishnupat Upadhyay 2. Rewati Ranjan Upadhyay 3. Samir Upadhyay Both son of Bidya Bhushan Upadhyay All resident of Village-Gonawa, P.S.-Naubatpur, District-Patna ………..Petitioners Versus State Of Bihar ………Opposite Party ----------- 02. 23.01.2009 Heard counsel for the petitioners and the State. The offence alleged is under Sections 341, 323, 504, 448, 34 of the Indian Penal Code and Section 3(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Counsel for the petitioner submits that on account of land dispute, petitioner has falsely been implicated in this case though no such occurrence has taken place. Further it has been submitted that on the basis of allegation in F.I.R. no prima facie case is made out under Section 3(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Considering these facts, the prayer for Anticipatory bail on behalf of Bidya Bhushan Upadhyay, Rewati Ranjan Upadhyay, and Samir Upadhyay are allowed. In the event of arrest or surrender within four weeks from today, the petitioners named above are directed to be released on Anticipatory bail on furnishing - 2 - bail bonds of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Assistant Chief Judicial Magistrate, Danapur in connection with Naubatpur P.S. Case No. 146 of 2008 subject to the conditions as laid down under Section 438(2) of the Cr. P.C. Shageer (Mridula Mishra, J)