IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36574 of 2009 BAIDYANATH BHAGAT,son of Dukha Mahto, resident of village-Shahwajpur,P.S.- Ahiyapur,District-Muzaffarpur. Versus THE STATE OF BIHAR ----------- 03/ 30-03-2010 Heard Mr. Shiva Shankar Sharma, learned counsel appearing for the petitioner and Mr. Ram Priya Sharan Singh, learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Ahiyapur P.S.Case No.198 of 2009 dated 02-07-2009, registered under Sections 341/323/324/386/504/34 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. At the very outset learned counsel for the petitioner submits that in view of the ratio decidendi as laid down by this Court in an unreported case in the case of Sajjo and others Vs. The State of Bihar passed in Cr.Misc.No.746 of 2010 and its analogous cases the provisions of Section 3(1)(x) of the said Act are inapplicable and, therefore, bar under Section 18 of the said Act is not applicable in the present case. He further submits that petitioner is alleged to have assaulted the informant by Farsa on different parts of the body of the informant but that is not supported by the injury report vide Annexure- 3. By referring to some paragraphs of the case diary, it has been submitted that the informant is a man of doubtful character and he was assaulted by the local people for certain objectionable act. Learned counsel for the State by going through the case 2 diary is unable to dispute the aforesaid submissions. In the aforesaid background, in the event of arrest/surrender within a period of four weeks from today in Ahiyapur P.S.Case No.198/2009, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Birendra Prasad Verma, J.)