IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45293 of 2009 1. NIRANJAN YADAV 2. RAKESH YADAV 3. JAI HIND YADAV, SONS OF SHALIGRAM YADAV 4. SUBODH YADAV SON OF BHIKHARI YADAV 5. BIBHISHAN YADAV, MINOR SON OF JAI HIND YADAV 6. MITHILESH YADAV MINOR SON OF JAI RAM YADAV 7. SHALIGRAM YADAV SON OF LALIT YADAV 8. MANJU DEVI, WIFE OF SUBODH YADAV. Versus STATE OF BIHAR ----------- 3/ 29.03.2010 Heard Mr. Praveen Kumar, learned counsel appearing for the petitioners and Mr. Dasarath Mehta, learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Belhar P.s. Case No. 127 of 2009, dated 02.11.2009, instituted for the offence under sections 341, 323/34 of the Penal Code and section 3 / 4 of the SC/ST ( Prevention of Atrocities ) Act. At the very out set learned counsel for the petitioners submits that in view of the ratio laid down by this Court in an unreported case of Sajjo & Others Vrs. State of Bihar passed in Cr. Misc. No. 746 of 2010 and its analogous cases, the provisions of the said Act are completely inapplicable . In that view of the matter, bar under section 18 of the said Act will not come in the way of this Court for exercise of its power under section 438 of the Cr.P.C. It is also submitted that the offences alleged under the Indian Penal Code are all bailable. - 2 - Learned counsel for the State, after going through the provisions of section 3 & 4 of the said Act, has not been able to dispute the aforesaid submission. In the facts and circumstances of the case, in the event of their arrest or surrender in the court below within four weeks, let the above named petitioners be enlarged on bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Banka in Belhar P.S. Case No. 127 of 2009, subject to the conditions as laid down under section 438(2) of the Cr.P.C. and subject to further condition that if the petitioners are found involved in same and similar nature of cases in future, then in that case the informant/prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioners and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned. ( Birendra Prasad Verma, J ) BTiwary/