IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20784 of 2010 1. ASLAM KHAN, S/O MAZI RASUL KHAN 2. MUKHTIYAR KHAN, S/O LATE USMAN KHAN, Both R/O Vill. Bairiya Dilawarpur, P.S. Amdabad, District –Katihar …………Petitioner VERSUS THE STATE OF BIHAR …………O.P. ----------- For the Petitioners- Mr. Bimal Kumar, Advocate. For the State- Mr. Bishweshwar Ram, A.P.P. 2. 23.06.2010 Heard the parties. The petitioners apprehend their arrest in a case instituted for offences under Section 379, 323 and 341 of the I.P.C. as also under Section 3 (i) (x) of the SC/ST (Prevention of Atrocities) Act. At the very outset, learned counsel for the petitioners submits that petitioners are alleged to have called the informant/complainant by his caste name and therefore in view of ratio decidendi laid down by this court in the case of Sajjo and others Vs. State of Bihar, reported in 2010(2) BLJ 181, the offences alleged under the provisions of SC/ST Act shall not be applicable against the petitioners and hence the present petition under Section 438 Cr.P.C. is maintainable. In the complaint petition, giving rise to F.I.R. vide Annexure-1, there is further allegation against the petitioners of snatching Rs. 3,000/-and some ornaments from the informant, but it is submitted that there are case and counter case from both sides and during course of investigation and supervision those allegations were found to be not supported by the independent 2 witnesses. From the impugned order passed by the learned Sessions Judge, it appears that in the first supervision note the supervising authority found the entire accusation against the petitioners to be false. Be that as it may, in the facts and circumstances of the case, in the event of arrest or surrender in the court below within a period of four weeks from today, the above named petitioners shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M., Katihar in connection with Amdabad P.S. Case No. 77 of 2009, subject to the condition laid down under Section 438(2) Cr.P.C. and subject to the further conditions-: (a) That one of the bailors must be Govt. Servant or close family member of the petitioners, who will file an affidavit in the court below showing his/her relationship with the petitioner. (b) 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. Praveen (Birendra Prasad Verma,J.)