IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12614 of 2010 1.UDAY CHAUDHARY 2.JittendraChaudhary , both resident of village Shibaisingpur, P.S. Mohiuddin Nagar, Dist. Samastipur….Petitioners. Versus STATE OF BIHAR O.P. ----------- For the petitioners : Mr. Amitabh Bhardwaj, Advocate For the State : Mr. Parmanand Prasad , A.P.P. -------------- 2 11.5.2010 Heard the parties. In a criminal prosecution for offences under sections 379, 307 and some other minor and bailable offences under the Indian Penal Code as also under section 3 (1) (x) of SC & ST (P.O.A) Act, the petitioners are specifically named in the FIR as accused. According to the FIR the petitioners are alleged to have hurled abuses and assaulted the informant in front of betel shop causing injury on his head. Petitioner no.1 was allegedly armed with country made pistol. Learned counsel for the petitioners submits that in fact the petitioners are bonafide consumers of Laxmi Gas Agency and informant is employee of the said agency and, therefore, on the question of supply of gas cylinder some altercations might have taken place between the parties. Taking into consideration that petitioners are alleged to have hurled abuses to the informant and further alleged to have assaulted him in front of a betel shop which is apparently a public place, in that view of the matter, the offence under section 3(1) (x) of SC & ST (P.O.A.)Act is clearly made out against the petitioners. Therefore, the present petition under section 438 Cr.P.C. is not maintainable in view of bar created under section 18 of the said Act in view of the ratio decided by this Court in the case of - 2 - Sajjo & others V State of Bihar reported in 2010 (2) BLJ, 181. Consequently this petition for anticipatory bail is rejected. The petitioners must surrender in the court below in connection with Mohiuddin Nagar P.S. Case no. 152 of 2009 within a period of four weeks from today and seek regular bail, if so advised, which shall be considered and disposed of on its own merit without being prejudiced by the present order. . ( Birendra Prasad Verma, J. ) M.Rahman