IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12175 of 2010 1.PARMANAND PATEL 2.Umesh Rai 3.Sachin Kumar 4.Pankaj Kumar 5.Ajit Kumar all are resident of village Fafaut, P.S. Khodawandpur, Dist. Begusarai ………Petitioners. Versus THE STATE OF BIHAR O.P. For the petitioners : Mr. Suraj Narayan Pd. Sinha, Sr.Advocate FOR THE STATE : Mr. Navin Kr. Pandey, A.P.P. ------------- 2 6.5.2010 Heard the parties. In a criminal prosecution for offences under Sections 323, 354, 506 and some other minor and bailable offences under the Penal Code as also under section 3 (1) (x) (xi) of the SC & ST (P.O.A) Act 1989, the petitioners are alleged to have kept waste materials on the ancestral lands in the neighbourhood of the house of the informant. On protest by the informant the petitioners are alleged to have assaulted the informant and his wife within the public view in the day. Name of other persons present there have been specifically mentioned in the FIR vide Annexure-1. Learned counsel appearing on behalf of the petitioners submits that almost all offences of Penal Code are either bailable or minor and offences under the Provisions of SC & ST (P.O.A) Act are not applicable. It was further pleaded that in view of violation of Rule 7 of the SC & ST (P.O.A) Rules 1995, the petitioners are entitled to have the privilege of anticipatory bail. Learned counsel appearing on behalf of the State has - 2 - strongly opposed the prayer for anticipatory bail made on behalf of the petitioners and it was submitted that on plain perusal of the FIR (Annexure-1) a prima facie case under section 3(1) (ii)(x) and (xi) of the SC & ST (P.O.A) Act is clearly made out and, therefore, in view of ratio laid down by this Court in the case of Sajjo and others, reported in 2010 (2) BLJ 181, the present application under section 438 Cr.P.C. is not maintainable in view of bar created under section 18 of the said Act. After considering the rival submissions and perusing the FIR vide Annexure-1, this Court prima facie finds that offences under section 3(1) (ii) (x) (xi) of the SC & ST (PO.A).Act is clearly made out against the petitioners. In that view of the matter the present application under section 438 Cr.P.C. is not maintainable. It is accordingly dismissed. The petitioners must surrender in the court below in connection with Begusarai SC & ST P.S. Case No. 208 of 2009 within a period of four weeks from today and, if so advised, seek regular bail, which shall be considered and disposed of on its own merit without being prejudiced by the present order. ( Birendra Prasad Verma, J. ) M.Rahman