IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12596 of 2010 Surendra Rai Kurmi, son of Shivdhyan Rai, resident of Village- Bishwanathpur, P.S. – Dumra, District-Sitamarhi. ……Petitioner. Versus The State of Bihar ……………………….Opposite Party. For the petitioner :- Mr. Dinesh Jha, Advocate. For the State :- Mr. R. B. Roy ‘Raman’, A.P.P. ----------- 2. 11. 05. 2010. Heard the parties. In a criminal prosecution for offence under Section 379 and some other allied and bailable offences of the Indian Penal Code as also under Section 3(1) (x) of S.C. and S.T. (P.O.A.) Act, the petitioner is specifically named in the F.I.R. as an accused. The informant claims that he and some other persons were granted parcha under the provisions of Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, but the petitioner and other accused persons are alleged to have wrongfully dispossessed them from that lands allotted to them by the competent authority. There is allegation against the petitioner and other accused persons that they have assaulted and hurled abuses to the informant and others. Learned counsel for the petitioner submits that the entire occurrence is the result of bonafide land dispute between the parties and further some of the co-accused persons have been granted anticipatory bail by a Bench of this Court vide Anneuxre-2. Learned counsel for the State placing reliance on the judgment of this Court in case of Sajjo & others Vrs. State of 2 Bihar reported in 2010 (2) B.L.J. 181, pointed out that a case under Section 3 (1) (iv) as also (x) of the S.C. and S.T. (P.O.A.) Act is clearly made out against the petitioner. Therefore, in view of bar created under Section 18 of the said Act, the present application under Section 438 Cr.P.C. is not maintainable. Taking into consideration the facts that provision under S.C. and S.T. (P.O.A.) Act are applicable against the petitioner, hence this petition under Section 438 Cr.P.C. is not maintainable and accordingly, it is dismissed. The petitioner must surrender in the court below in connection with Dumra P.S. Case No. 90/2009, within a period of four weeks from today and seek regular, if so advised, which shall be considered and disposed of on its own merit without being prejudiced by the present order. m.p. ( Birendra Prasad Verma, J.)