IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17720 of 2010 1.BRIJ KUMAR YADAV 2.Kashi Nath Yada 3.Sheo Kumar Yadav 4.Bira Yadav 5.Bir Bahadur Yadav 6.Sri Bhagwan yadav 7.Kishun Kumar @ Kishun Kumar Yadav 8.Suraj Nath Yadav @ Suraj Nath Singh All are resident of village Narayanpur, P.O. Baloti,P.S. Behea, District Bhojpur Petitioners Versus STATE OF BIHAR O.P. ----------- For the petitioners: Mr.Shailendra Kr. Singh, Advocate. For the State : Mr. Jitendra Kr. Singh, No.1, A.P.P. -------- 3 7.7.2010 Heard the parties. The petitioners apprehend their arrest in a case instituted under sections 147, 341, 323, 379, 504 of the Indian penal Code as also under section 3 (1) (x) of SC & ST (P.O.A) Act. According to the prosecution case the informant/complainant claims to have purchased the land in question from one Jitendra Sharma. Accused persons are alleged to have come over there and are alleged to have assaulted the informant and are also alleged to have called him by his caste name. Apparently the informant/complainant is not alleged to have been dispossessed from the land in question. It is submitted that in fact there is bonafide land dispute between the parties and both sides claim their right & title over the land in question. Further in view of ratio as laid down by this Court in a case Sajjo & others Vs. State of Bihar reported in 2010 (2) PLJR 690 the offences alleged under the provisions of SC & ST (P.O.A) Act are in-applicable in the present - 2 - case and accused persons are merely alleged to have called the informant by his caste name and, therefore, the present petition under section 438 Cr.P.C. is maintainable. The offences alleged under the Penal Code are either minor or bailable one. In that view of the matter, in the event of arrest or surrender in the court below within a period of four weeks from today, the above named petitioners shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M, Bhojpur at Ara in connection with Behea P.S. Case No. 25 of 2010, subject to the conditions laid down under section 438(2) Cr.P.C. and subject to further conditions: (a) That one of the bailors must be Govt. servant or close family member of the petitioners, who will file an affidavit in the court below showing his/her relationship with the petitioners. (b) If the petitioners are found involved in same and similar nature of cases in future, then in that case the informant/prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioners, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned. ( Birendra Prasad Verma, J. ) M.Rahman