IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11815 of 2009 1. MAHADEO NANDAN SINGH,son of late Ram Nandan Singh 2. Shambhudeo Nandan Singh,s/o late Raja Singh 3. Ashok Singh,son of Mahadeo Singh 4. Nand Kishore Singh,s/o Mahadeo Singh 5. Chandrakishore Singh,son of Mahadeo Singh 6. Vijay Singh,son of Mahadeo Singh 7. Jai Prakash Singh,son of Mahadeo Singh All are residents of village- Laukariya,P.S.-Palanwa,District-East Champaran. Versus 1. STATE OF BIHAR 2. Binod Paswan,son of Ramdeo Paswan, resident of village-Laukariya,P.S.- Palanwa,District-East Champaran. ----------- 03/ 21-04-2009 Heard learned counsel for the petitioners and the State. Submission of the learned counsel for the petitioners is that there is series of cases filed on behalf of the complainant to grab petitioners’ land. Later the same was realized and petitioners compromised with the complainant. No doubt, filing of series of cases having similar allegation is a matter to doubt the allegation. Specifically while parties are in litigating term, if that is followed by compromise, a liberal view can be taken by the court whether bail is maintainable. So, it is for the court where the case is pending or the trial court to consider the points raised by the petitioners, otherwise prayer made on behalf of the petitioners is rejected finding the anticipatory bail not maintainable but that is for petitioner no.3 Ashok Singh, who is alleged for the offence under Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Rests have been alleged for bailable offences. So, rejection of their 2 prayer cannot be justified. Accordingly, prayer for anticipatory bail of petitioner no.3 Ashok Singh is rejected as not maintainable and prayer for anticipatory bail for the rest is allowed. In case of arrest or surrender within one month from today in Complaint Case No.2/2009(Trial No.2302/2009), the above named petitioners, except petitioner no.3(Ashok Singh), shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the Sub- Divisional Judicial Magistrate, Raxaul at Motihari, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )