IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8867 of 2010 1.PRAKASH SINGH 2.Ravindra Singh, 3.Bholu Singh 4.Banti Singh Petitioners. Versus STATE OF BIHAR O.P. ----------- For the petitioners : Mr. Rajendra Pd. Singh, Sr. Advocate. For the State : Mr. Umesh Lal Verma, A.P.P. -------- 3 7.5.2010 Learned counsel is permitted to make necessary correction in the prayer portion of the application. Heard the parties In a criminal prosecution for offences under section 307, 379 and other allied offences of the Penal Code as also under section 3(1) (X) of SC & ST (P.O.A) Act, there appears to have taken place clash of ego and personality between the informant and his supporters at one side and petitioners at other side. The informant and his supporters were going on a motorcycle and petitioners were coming on a pick up van and during that course some altercation is said to have taken place between the parties. Admittedly petitioners are not alleged to have used any weapon for assaulting the informant. It is further submitted by learned counsel for the petitioners that in view of ratio laid down by this Court in the case of Sajjo and others Vs. State of Bihar reported in 2010 (2) BLJ 181 ,the offences under the provisions of the SC & ST (P.O.A) Act are inapplicable in the present case and therefore, this petition under section 438 Cr.P.C. is maintainable. Learned counsel for the State, though opposed the prayer for anticipatory bail, has not disputed the aforesaid legal and factual position. - 2 - Be that at it may, in the facts and circumstances of the case, in the event of their arrest or surrender in the court below within a period of four weeks from today, the above named petitioners shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of S.D.J.M, Daudnagar, Aurangabad in connection with Goh P.S. Case no. 06 of 20009, subject to the conditions laid down under section 438(2) Cr.P.C. and subject to further conditions :- (a) That one of the bailors must be Govt. servant or close family member of the petitioners who will file an affidavit in the court below showing his/her relationship with the petitioners. (c) That petitioners shall make regular pairvi in the court below in the present case either by appearing themselves or through representation by their lawyer on each and every dates and if on two consecutive dates petitioners fail to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioners. ( Birendra Prasad Verma, J. ) M.Rahman