IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18051 of 2011 ====================================================== Md. Sattar, son of late Diljan resident of village Ghibaha P.S. Forbesganj District-Araria. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Anil Prasad Singh, Advocate For the Opposite Party : Mr. Jitendra Kumar Singh no.-1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 3 13-10-2011 Heard. The petitioner apprehends his arrest in a criminal prosecution registered under Section 436/149 and some other allied offences under the Indian Penal Code as also under Section 3 (i) (x) of the S.C./S.T. (Prevention of Atrocities) Act 1989 (in short Act). Learned counsel for the petitioner submits that the entire occurrence had taken place because of bona fide land dispute between the parties as the accused persons are said to have purchased the land in question. Therefore, the present petition under Section 438 Cr.P.C. is maintainable, in spite of bar created under Section 18 of the said Act. Learned counsel for the State opposes the prayer for 2 anticipatory bail by referring to the nature of allegations as disclosed in the First Information Report (Annexure-1) and by referring to the law laid down by this Court in the case of Sajjo & Ors. Vs. The State of Bihar [2010(2) PLJR 690]. It is submitted that the present petition under Section 438 Cr. P.C. is not maintainable. Having heard the rival submissions and after going through the records, this Court finds that a prima facie case under Section 3 (i) (x) of the S.C. /S.T. (Prevention of Atrocities) Act, 1989 is made out against the accused persons including the petitioner. Therefore, the present petition under Section 438 Cr.P.C. for grant of anticipatory bail is not maintainable. It is, accordingly, dismissed. The petitioner must surrender in the court below within a period of four weeks from today in connection with Forbesganj P.S. Case No. 300 of 2009 pending in the court of learned Chief Judicial Magistrate, Araria and seek regular bail, if so advised, which shall be considered on its own merit, without being prejudiced by the present order. Devendra /- (Birendra Prasad Verma, J) 3