IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40401 of 2009 1. CHADAN SINGH son of Shri Ram Bahadur Singh 2. RAJU SINGH son of Shri Ram Bahadur Singh 3. TRIPURARI SINGH, son of Shri Ganesh Singh 4. RAJESH SINGH, son of Shri Ganesh Singh 5. BRAJ BIHARI SINGH son of Shri Ganesh Singh 6. RITESH SINGH son of Shri Chandan Singh All resident of Village-Balia, P.S. Bhawanipur,Distt.- Purnea ----Petitioners Versus STATE OF BIHAR ----------- 2. 17.12.2009 Heard the learned counsel for the petitioners and the State. The offence alleged against the petitioners, who are apprehending their arrest in a police case, is under sections 447, 147, 148, 323 and 386/34 of the Indian Penal Code and section 3/4 of the S.C/S.T (Prevention of Atrocities) Act and under section 27 of the Arms Act. It is submitted that no offence as alleged under the provisions of the aforesaid SC/ST Act is attracted by only referring to the name of caste of the informant. The specific allegation is that the petitioners are alleged to have committed the offence of demand of Rangdari. The allegation against petitioners no.1 and 2 is that they snatched Rs.5,000/- from the pocket of the informant who is the servant of the land owner, namely, Dhrub Singh. Learned counsel submits that as a matter of fact, petitioner no.1 had earlier filed a case against the master of the informant, as contained in Annexure 2, and in retaliation, the said master Dhrub Singh has set up the informant and got the case filed against these petitioners. It is 2 further submitted that the allegation of demand of Rangdari is absolutely incorrect since the informant is a labourer and as such the allegation of demand of Rangadari to the tune of Rs.50,000/- does not stand to reason. Learned APP appearing for the State is not in a position to refute the above submissions. Considering the facts and circumstances of the case, let petitioners no.1 to 6 above named, in the event of their arrest or surrender in connection with Bhawanipur P.S. Case No.122/09 within a period of four weeks from today, be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea, in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. PNM (Shailesh Kumar Sinha,J)