IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.34652 OF 2009 1. RAM JEE PRASAD YADAV, SON OF LATE DHARMADEO RAI 2. BACHCHA PRASAD YADAV, SON OF RAMJEE PRASAD YADAV 3. DHURANDHAR PRASAD YADAV, SON OF RAMJEE PRASAD YADAV ALL RESIDENT OF VILLAGE DHANPAT CHAPRA, POLICE STATION CHAPRA MUFASSIL, DISTRICT SARAN ……………………………………………………………………………..PETITIONERS VERSUS THE STATE OF BIHAR ******** 2 16/11/2009 Heard learned Counsel for the petitioners and the A.P.P. appearing on behalf of the State. The petitioners are apprehending arrest in a case under Sections 323 & 436 of the Indian Penal Code and Section 3/4 of the SC & ST (Prevention of Atrocities) Act. Considering the allegations that the petitioners have allegedly set fire in the pilani of the informant and there appears to be the dispute over running of the brick kiln, I am not inclined to grant anticipatory bail to the above named petitioners 2 and 3. This application so far as petitioners 2 and 3 are concerned is dismissed. As far as petitioner no. 1 is concerned, learned Counsel submits that he is aged about 70 years and the only role assigned to him is that he is the order giver. If the Court below finds that the petitioner no. 1 Ramjee Prasad Yadav is about 70 years old, he should 2 be released on anticipatory bail in the event of arrest/surrender before the Court below within a period of six weeks in Chapra Mufassil Police Station Case No. 81 of 2009 on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure. Anand ( Sheema Ali Khan, J.)