IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2947 of 2010 1.PRAYAG SINGH 2.Binod Singh 3.Lalu Singh 4.Sitaram Singh 5.Prakash Singh @ Prakash Kr. Singh 6.Hari Singh 7.Labru Singh, all are resident of village Tegachhiya P.S. Tarabari Dist. Araria …..Petitioners. Versus STATE OF BIHAR ----------- 2 8.4.2010 Heard the parties. Petitioners apprehend their arrest in connection with Araria (Tarabari) P.S. case No. 158 dated 19.4. 2009 registered under sections 147, 149, 323, 436, 379, 504, 427 of the Indian Penal Code and section 3 (X) of the SC & ST (P O A) Act. It is submitted by learned counsel for the petitioners that in view of the ratio decidendi laid down by this Court in an unreported case of Sajo and others Vs. State of Bihar passed in Cr. Misc. No. 746 of 2010 and its analogous cases, the provisions of SC & ST (POA) Act are not applicable and therefore, learned Session Judge has committed an error in law in not entertaining the petition filed on behalf of the petitioners under section 438 Cr.P.C. It is further submitted that there is bonafide dispute of certain lands between the parties. The allegation of arson is not specific against any of the accused persons and further a compromise petition has been filed in the court below by the parties. Learned counsel for the State has not disputed the aforesaid position. In that view of the matter, the above named petitioners in the - 2 - event of their arrest or surrender in the court below within a period of four weeks from today shall be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each , to the satisfaction of C.J.M, Araria in the above noted case, subject to the conditions laid don under section 438(2) Cr.P.C. (Birendra Prasad Verma, J) M.Rahman