IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6808 of 2010 1.ARBIND MIHRA 2.Shambhu Mishra 3.Pappu Kumar Mishra 4.Kamod Mishra 5.Abhishek Kumar Mishra @ Kalu Mishra, all are resident of Village Gagatpur Beraya Tola , P.S. Rahika, Dist. Madhubani …..Petitioners. Versus STATE OF BIHAR ----------- 2 13.4.2010 Heard the parties. Petitioners apprehend their arrest in connection with Rahika P.S. case no. 306/07 dated 27.8.2007 registered under sections 302/201/34 of the Indian Penal Code and 3(I) (X) SC & ST (POA) Act. It is submitted by learned counsel for the petitioners that in view of the 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 provisions under section 3 (1) (X) of the SC & ST (POA) Act are completely inapplicable and therefore, the petition under section 438 Cr.P.C. is maintainable. It is also submitted that though the petitioners are named in the FIR as accused persons but there is no specific allegation of any specific overt act against them. There is general and omnibus allegation that deceased was assaulted by the petitioners by kicks, fist, and slaps etc. However on close of investigation the accusations against the petitioners were found to be false and they were not charge sheeted. Charge sheet vide annexure-2 was submitted against the other accused persons , who were not named in the FIR and the learned Magistrate disagreeing with the police report has taken cognizance against the petitioners also vide Annexure-4. By referring to annexure-5 it is also highlighted that co-accused persons against - 2 - whom charge sheet was submitted have been extended the privilege of anticipatory bail. Learned counsel for the State, though opposed the prayer for anticipatory bail, has not disputed the aforesaid factual position. In view of the aforesaid back ground, let the above named petitioners in the event of their arrest or surrender in the court below within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of C.J.M, Madhubani in connection with the above noted case, subject to the conditions laid down under section 438(2) Cr.PC. (Birendra Prasad Verma, J) M.Rahman