IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52256 of 2008 1. MD.SOYEB Son of Late Zahruddin, Resident of Choudhary Mohalla, P.S. Katihar Muffasil, District- Katihar 2. Pappu Singh @ Pappu Kumar Singh, Son of Babban Singh, Resident of Dehri Bhatta, P.S. Muffasil, District- Katihar 3. Md. Niroz @ Niroz Alam Son of Late Abul Hassan, Resident of Village- Parterni, P.S. Muffassil, District- Katihar ----------------- Petitioners Versus STATE OF BIHAR -------------------------Opposite Party ----------- 2. 6.2.2009 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. The petitioners apprehend their arrest in a case under Sections 341, 323, 504 and 427/34 of the Indian Penal Code and Section 3(x) of the SC & ST (Prevention of Atrocities Act). Learned counsel for the petitioner submits that it is clear from the F.I.R. that the occurrence has taken place due to land dispute and all the sections are bailable except Section under the SC & ST Act. As far as allegations of abusing the informant by taking his caste name is concerned, the F.I.R. discloses that the informant has stated that two unknown persons abused him at his house. It is therefore submitted that no offence under the SC & ST Act are made out against the petitioner. Considering the aforesaid facts, the petitioners Md. Soyeb, Puppu Singh @ Pappu Kumar Singh and Md. Niroz @ Niroz Alam are directed to be released on anticipatory bail in the event of their arrest or surrender before the Court below within a period of six weeks in connection with Katihar (M) P.S. Case No. 113/2008 on - 2 - furnishing bail bonds of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar, subject to the conditions laid down under Section 438(2) of the Cr.P.C. P. Kumar (Sheema Ali Khan, J.)