IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43425 of 2010 1. TAJMULLA ANSARI, S/o Mazid Ansari 2. Mustakim Ansari, S/o Jumarati Ansari Both are resident of Village Baruna, P.S. Kuchhilla, District Kaimur at Bhabhua. ………Petitioners Versus THE STATE OF BIHAR ……..Opp. Party ----------- 3/ 26.03.2011 Heard the parties. The petitioners apprehend their arrest in a criminal prosecution registered under Sections 323, 341, 380, 353/34 of the Indian Penal Code as also under Section 3(I)(X) of the SC & ST (P.O.A.) Act. It is submitted that the petitioner no. 1, happens to be Mukhiya of Kota Gram Panchyat and petitioner no. 2 happens to be a co-villager, whereas informant is the Headmaster of Government Middle School, Baruna. It is further submitted that since the petitioner no. 1, being the Mukhiya, had gone to the School for inspection and asked the informant about distribution of money, allotted for the school dress, amongst children properly, some altercation took place 2 between the parties. The petitioner no.1 has also lodged a case vide Annexure 2 against the informant of the present case vide Annexure I. There appears to be two versions of the occurrence in question. It is further highlighted that the petitioners are alleged to have merely called the informant by his caste name, and therefore, in view of ratio laid down by this Court in the case of Sajjo and others Vs. The State of Bihar, reported in 2010 (2) PLJR 690, the offences under the provisions of SC & ST (P.O.A.) Act shall not be applicable. Hence, a petition under Section 438 of Cr. P.C. made on behalf of the petitioners for grant of anticipatory bail shall be maintainable. Taking into consideration, the entire facts and circumstances of the case, the prayer for anticipatory bail made on behalf of the petitioners is allowed. In the event of their arrest or surrender within a period of four weeks from today, the above named petitioners shall be enlarged on bail on furnishing bail bonds of Rs.10,000/-(ten 3 thousand) each with two sureties of like amount each in connection with Kuchhila P.S. Case No. 17 of 2010 to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabhua, subject to the conditions laid down under Section 438 (2) of the Cr.P.C., and subject to further conditions : (a) that one of the bailors must be a government servant or close family member or relation of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner, (b) If the petitioner is found involved in same and similar nature of cases in future, then in that cases the informant/prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, 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, (c) the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through 4 representation by his lawyer on each and every date, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall at liberty to cancel the bail bond of the petitioner. Anjani/ ( Birendra Prasad Verma, J.)