IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.9503 of 2010 1. ASFAQUE, Son of Sheikh Azimuddin, 2. Md. Waris @ Waris, Son of Sheikh Azimuddin 3. Shahid @ Tajmil, Son of Sheikh Azimuddin 4. Najmul @ Najrul, Son of Sheikh Fayak 5. Nasir, Son of Sheikh Fayak 6. Zubair @ Zabir, Son of Sheikh Fayak 7. Sk. Fayak @ Md. Fayak @ Bhola, Son of late Atabul 8. Md. Faiyaz @ Faiyaz, Son of Masi 9. Roshan, wife of Faiyaz Versus THE STATE OF BIHAR ----------- 2/ 20.04.2010 Heard learned counsel for the petitioner and the State. The petitioners apprehend their arrest in a case registered for the offence under Sections 448, 323, 324, 436/34 of the Indian Penal Code and Section 3 (x) of the Scheduled Castes / Scheduled Tribes (Prevention of Atrocities), Act. Learned counsel submits that no case under Section 3(x) of the SC/ST Act is made out, as the instant occurrence relating to it did not occur in a public place. Learned counsel further submits that the supervising officer in course of investigation found the case to be true under Section 435 of the I.P.C. and not under Section 436 of the I.P.C. Learned counsel submits that in any view of the matter, the allegation of setting fire is against petitioner no.-1. Learned counsel for the State submits that petitioner no.-1 sprinkled Kerosene Oil whereupon petitioner no.-7 set fire. Having regard to the facts and circumstances of the case, in the event of arrest or surrender within six weeks from today before the court below in connection with Kadwa P.S. Case No. 150 of 2009, petitioner nos. 2, 3, 4, 5, 6, 8 and 9 shall be released on bail, on - 2 - furnishing bail bonds of Rs. 5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. So far as petitioner nos. 1 and 7, namely Asfque and Sk. Fayak @ Md. Fayak @ Bhola, are concerned, this court observes that if they surrender before the court below within six weeks from today and seek regular bail, and the learned Magistrate finds that no case under Section 436 of the Indian Penal Code is made out, then in that circumstances these petitioners would also be released on bail on his own satisfaction, otherwise he will dispose of the same on its own merit without being prejudiced by this order. Uday/ (Samarendra Pratap Singh, J.)