IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19190 of 2010 1.MANOJ SAH son of Jagdish Sah 2.Sanju Devi , wife of Manoj Sah, both of village Balia Belowan, P.S. Balia Belown, Dist. Katihar 3. Ashok Sah son of Netai Sah 4.Dhiren Sah son of late Daru Sah, both of village Azamnagar, P.S. Azamnagar, Dist. Katihar 5. Gautam Kumar son of Jitendra Nath Dubey, resident of Village & P.S- Barsoi, Dist. Katihar ….Petitioners. Versus STATE OF BIHAR ……………… O.P. ----------- For the petitioners : Mr. Bimal Kr. Advocate For the State : Mr. Shyam Kr. Singh, A.P.P. --------- 2 21.6.2010 Heard the parties. Petitioners apprehend their arrest in connection with a case registered for offence under section 379 and some other bailable or minor offences under the Penal Code as also under section 3(1)(x) of the SC & ST (P.O.A) Act. At the very out set learned counsel for the petitioners submits that in view of ratio decidendi laid down by this Court in the case of Sajjo & Others Vs State of Bihar, reported in 2010 (2) BLJ 181, the offence alleged under the provisions of SC & ST (POA) Act are not applicable against the petitioners as they are merely alleged to have called the informant by his caste name and, therefore, this petition under section 438 Cr.P.C. is maintainable. It is also submitted that there is bonafide land dispute between the parties which is admitted in the FIR vide Annexure-1 also. No incriminating articles have recovered either from the house or from the possession of the petitioners and in fact offence under section 379 of the Indian Penal Code is a super addition and other offences under the Penal Code are bailable one. - 2 - In the aforesaid facts and circumstances, in the event of arrest or surrender in the court below within four weeks from today, the above named petitioners shall be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of C.J.M, Katihar in connection with Azamnagar P.S. Case No. 23 of 2010 subject to the conditions laid down under section 438 (2) Cr.P.C and subject to further condition that : (a) 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 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