IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33528 of 2011 1. Shambhu Sharma S/O Late Laxman Sharma 2. Raja Kumar S/o Basudeo Gond 3. Gautam Kumar S/o Late Rameshwar Prasad 4. Rajesh Kumar @ Rajesh Kumar Sah, S/O Late Gamji Sah Gond @ Jogi Sah Gond @ Jogi Sah 5. Satish Kumar @ Sitesh Ram, S/O Shubhash Ram 6. Rambabu Kumar @ Ram Babu Qumar, S/O Kishore Prasad All Resident of Mohalla-Baswaria, P.S.-Bettiah Town, District-West Champaran. …..Petitioners. Versus The State Of Bihar …Opposite Party. ----------- 04/ 24.10.2011 Heard learned counsel for the petitioners and learned counsel for the State. Petitioners are accused for offences punishable under Sections 147, 149, 341, 342, 323, 452, 307, 332, 353, 427 and 504 of the Indian Penal Code as well as Section 3 of the Prevention of Damage to Public Properties Act and also Sections 3(1) (iii) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Learned counsel for the petitioners submits that entire allegation is absolutely false and frivolous as neither any injury has been alleged nor any injury report has been submitted in that regard and the petitioners have been made accused only on account of village enmity. Learned counsel for the petitioners further avers that three of the petitioners themselves belonged to the Scheduled Caste and hence provision of Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act will not be attracted in the case. - 2 - Considering the aforesaid facts and circumstances, this petition for anticipatory bail is allowed. Petitioners, above named, in the event of arrest or surrender before the court below within fifteen days from today, shall be released on bail on furnishing bail bond of Rs.10,000.00 (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M. West Champaran at Bettiah in connection with Bettiah Town P.S.Case No.357 of 2011 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Sunil (S. N. Hussain, J.)