IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.860 of 2011 BISHMBHAR PANDEY & ANR Versus THE STATE OF BIHAR ----------- 2. 09.02.2011. Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a case initially registered under Sections 147, 323, 341,452, 380 and 427 of the I.P.C. It is submitted by the learned counsel for the petitioners that the alleged occurrence took place on 06.05.2008 for which the complaint was filed on 20.05.2008 but the F.I.R. was instituted on 04.10.2008. It is further submitted that till date the investigation is pending and the learned Sessions Judge has considered the facts which have come during supervision of Deputy Superintendent of Police and has rejected the anticipatory bail application because the Deputy Superintendent of Police has found the case true under S.C./S.T.(Prevention of Atrocities)Act. In view of this Court, when the F.I.R. was not registered under S.C./S.T.(Prevention of Atrocities)Act and charge sheet has not been submitted till date then the anticipatory bail application of the petitioners ought not to have been rejected on the basis of fact that under Section 18 of the Act, the anticipatory bail is not maintainable. Considering unexplained delay in lodging of the complaint and in the background of land dispute between the parties, - 2 - let the petitioners, Bishmbhar Pandey and Ganesh Pandey, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Narpatganj P.S. Case No. 256 of 2008 arising out of complaint case no. 1304C of 2008 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Araria, subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. U.K. (Dinesh Kumar Singh,J)