ORAL JUDGMENT

1. This is an appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer of anticipatory bail dated 25.10.2018 passed by the learned Addl. District and Sessions Judge-IV-cumSpecial Judge SC/ST, Patna in ABP No. 7656 of 2018 arising out of Bihta P.S.Case No. 1098 of 2018 registered under Sections 147,149, 323, 341, 379, 447, and 504 of the Indian penal Code and Sections 3(i)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. Allegation against the appellants is that they came armed with lathi and danda and assaulted three sons of the informant. When her daughter-in-law went to save them, she was also abused and snatched her Mangalsutra.

3. Submission of learned counsel for the appellants is that there is land dispute between the parties from before and they have falsely been implicated in this case and no specific allegation has been attributed against any of the appellants.

4. Heard learned Spl. P.P also.

5. Having heard both sides and in view of the facts and circumstances, as stated above, let the appellants, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned Addl. District and Sessions Judge-IV-cum-Special Judge SC/ST, Patna in ABP No. 7656 of 2018 arising out of Bihta P.S.Case No. 1098 of 2018 subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

6. Accordingly, the appeal is allowed and the impugned order is set aside with respect to them.