IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8419 of 2010 1.GANGAN YADAV son of Yogi Yadav # Bhogi Yadav 2.Yogi Yadav @ Bhogi Yadav son of late Kanik Yadav, R/o village Jalshima, P.S. Sonbarsa Raj, Dist. Saharsa ….Petitioners. Versus THE STATE OF BIHAR ----------- 2 19.4.2010 Heard the parties. Petitioners apprehends their arrest in connection with Sonbarsa Raj P.S. Case No. 130 of 2009 dated 6.11.2009 registered under sections 341,, 323, 504, 379/34 of the Indian penal Code as also under section 3(i)(x) SC & ST (POA) Act. It is submitted by learned counsel for the petitioners that even according to the prosecution case and in view of ration decidendi laid down by this Court in an unreported case of Sajo and others Vs State of Bihar passed in Cr. Misc. No. 746 of 2010 and its analogous cases the offence under section 3(i) (x) of the SC & ST Act is not applicable and, therefore, the petition under section 438 Cr.P,.C. is maintainable. It is further submitted that the offence under section 379 of the Indian Penal Code is specifically alleged against co-accused Chotu Yadav and not against the petitioners. Learned counsel for the State, though opposed the prayer for anticipatory bail, has not disputed the aforesaid position. In that view of the matter, let the above named - 2 - petitioners in the event of their arrest or surrender in the court below within a period of four weeks from today 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, Saharsa in connection with the above noted case, subject to the conditions laid down under section 438(2) Cr.P.C. (Birendra Prasad Verma, J) M.Rahman