IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29375 of 2011 1. Gaya Sah, S/o Late Chotte Lal Sah. 2. Laxman Sah, S/o Sri Gaya Sah. 3. Rabindra Sah, S/o Sri Gaya Sah. 4. Fakiri Sah @ Pakiri Sah, S/o Sri Kashi Sah. 5. Paspat Giri, S/o Late Dirpal Giri. All resident of village-Banwaria, P.S.-Shikarpur, District-West Champaran. ……….Petitioners. Versus The State of Bihar ……….Opp. Party. ----------- 2 28.09.2011 Heard learned counsel for the petitioner and learned counsel appearing for the State. It is stated that apart from section 3 (i) (x) of S.C. & S.T. (Prevention of Atrocities) Act, all other offences under Indian Penal Code are bailable in nature. It is submitted that the informant is not a member belonging to scheduled tribe or scheduled caste. Learned counsel for the petitioners refers to the name of the husband of the informant which is mentioned as Shambhu Sah (Gonr). He further relies upon a judgment of this Court reported in 2005 (4) PLJR 145 (Sanjay Kumar Gupta Vs. State of Bihar) in which his matter was considered and Gonr were not held to be member of scheduled tribe and it was held that only Gond community which belong to scheduled tribe. It is also submitted that the dispute admittedly relates to land between the parties. The land in question originally belonged to one Ramchandra Sah, who gifted the same to his daughter-in- law Nagina Devi. Nagina Devi, thereafter, executed a registered deed of gift on 12.2.1981 in favour of her daughter-in-law Meena 2 Devi. Mutation of the land was done in the name of Meena Devi and Jamabandi No. 274 was created in her name. The petitioners purchased 15 Kathas of land out of the aforesaid plot vide two registered sale deeds executed by aforesaid Meena Devi on 6.6.2011 in their favour and they were put in vacant possession of the said land. The informant’s husband namely Shambhu Sah has purchased two Kathas of land out of aforesaid land from one Vishwanath Sah, the brother-in-law of aforesaid Meena Devi. The bone of contention between the parties was the aforesaid piece of land and it is submitted that the informant and her family members were not humiliated treating them to be member of scheduled tribe community. Considering the facts and circumstances of the case, let the petitioners, namely, (i) Gaya Sah, (ii) Laxman Sah, (iii) Rabindra Sah, (iv) Fakiri Sah @ Pakiri Sah and (v) Paspat Giri in the event of their arrest or surrender before the Court below within a period of four weeks from the date of receipt/communication of this order, be released on bail on furnishing bail bonds of Rs. 5,000/- (Five thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, West Champaran at Bettiah in connection with Shikarpur P.S. Case No. 211 of 2011 subject to the conditions as laid down under Section 438(2) Cr. P.C. Sanjeet (Ashwani Kumar Singh, J.)