IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5081 of 2010 1. Hare Ram Yadav 2. Dev Ram Yadav, both sons of Late Dularchand Yadav 3. Sikendra Yadav, son of Kusumlal Yadav 4. Sudish Yadav 5. Balram Yadav, both sons of Anant Lal Yadav 6. Ashok Yadav, son of Dev Ram Yadav 7. Deonandan Yadav, son of Pulkit Yadav 8. Ghoghan Paswan, son of Yugeshwer Paswan All are residents of Village-Sukhashan, P.S.-Kishanpur, District-Supaul ……..Petitioners. Versus The State Of Bihar ……..Opposite Party ----------- 02. 18.03.2010 The present Anticipatory bail application has been filed for alleged offences under Sections 436, 380 and other Sections of the Indian Penal Code and Section 3(x) of the S.C./S.T. Act. The contention of the petitions is that the occurrence took place on 07.07.2009 whereas the complaint has been filed on 10.07.2009 which makes the whole prosecution case doubtful. It is also submitted that the allegations under Section 3(x) of the S.C./S.T. Act is concerned, it appears to be ornamental, since the occurrence has not taken place in public view, moreover the case has been filed due to the bonafide land dispute. The learned Sessions Judge has rejected the anticipatory bail application on the ground that since the case has been lodged under Section 3(x) of the - 2 - S.C./S.T. Act, hence the anticipatory bail application is not maintainable. Though the learned Sessions Judge has mentioned that in the case diary there is material to support the prosecution case but has not referred any paragraph in support of the contention. From perusal of the complaint, I find that the allegation of litting fire is against Balram Yadav which has been wrongly typed in the complaint as Barag Yadav who is petitioner No. 5 in the present Criminal Miscellaneous application. The prayer for anticipatory bail of petitioner No. 5 Balram Yadav is hereby rejected. Considering the three days delay in lodging complaint and bonafide land dispute, let the petitioner No.1 Hare Ram Yadav, petitioner No.2 Dev Ram Yadav, petitioner No.3 Sikendra Yadav, petitioner No.4 Sudish Yadav, petitioner No.6 Ashok Yadav, petitioner No.7 Deonandan Yadav, petitioner No.8 Ghoghan Yadav be directed to be released on anticipatory bail, in the event of their arrest or surrender before the Court below within a period twelve weeks from today on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Supaul, in connection with Kishanpur P.S. Case No. 121 of 2009 - 3 - subject to the conditions laid down under Section 438(2) Cr. P.C. Shageer (Dinesh Kumar Singh, J)