IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37680 of 2010 GANDHI YADAV, Son of late Ram Nath Yadav, Resident of Village Baghmara, P.S. Manihari, District Katihar. ...Petitioner Versus THE STATE OF BIHAR ………Opp. Party ----------- 4/ 26.03.2011 Heard the parties The petitioner apprehends his arrest in a criminal prosecution registered under Sections 147/149/504/427 of the Indian Penal Code as also under Section 3 (1) (V) of the SC & ST (P.O.A.) Act. Learned counsel for the petitioner submits that on plain perusal of the first information report, offence under Section 3 (1) (V) of the SC & ST (P.O.A.) Act is not made out in the present case and in that view of the matter, the prayer for anticipatory bail under Section 438 Cr. P.C. is maintainable. It is further submitted that offence under Sections 147, 427 and 504 of the Indian Penal Code are minor and bailable one. The petitioner claims to have purchased the lands in dispute 2 through a registered deed of sale. Apparently, informant has not been dispossessed from the lands in question and only threat was given to her. Be that as it may, in the facts and circumstances of the case, in the event of his arrest or surrender within a period of four weeks from today, the above named petitioner shall be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each in connection with Manihari P.S. Case No. 153 of 2009 to the satisfaction of learned Chief Judicial Magistrate, Katihar, subject to the conditions laid down under Section 438 (2) of the Cr.P.C. and subject to further conditions: (a) that one of the bailors must be a government servant or close family member or relation of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner, (b) If the petitioner is found involved in same and similar nature of cases in future, then in that cases the informant/prosecution shall be at liberty to file a petition for cancellation of the bail 3 of the petitioner, 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, (c) the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every date, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall at liberty to cancel the bail bond of the petitioner. Anjani/ ( Birendra Prasad Verma, J.)