IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34294 of 2011 ====================================================== 1. Sajjan son of Upendra Yadav. 2. Niraj Son of late Ratan Mandal 3. Devendra Yadav son of Bindeshwar Ray 4. Shyam son of Rajendra Mandal 5. Subansh Rai alias Chhotu Mukhiya son of Ramdev Rai All are resident of village Jankiasthan, Ward No. 1, P.S. Sitamarhi, District- Sitamarhi. .... .... Petitioners Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Hanslal Kumar, Advocate. For the Opposite Party/s : Mr. J.K.Singh No.1, Addl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 2 12-10-2011 Heard the parties. The petitioners apprehend their arrest in a criminal prosecution registered under Sections 341, 323, 308, 504, 379/34 of the Indian Penal Code as also under Section 3(i) (x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. It is submitted by the learned counsel for the petitioners that in view of the ratio laid down by this Court in the case of Sajjo & Ors. vs. State of Bihar [(2010(2) PLJR 690], no case under Section 3 (i) (x) of the said Act is at all made out against the accused persons. Hence, the present application under Section 438 Cr. P.C. is maintainable before this Court. It is further submitted that even according to the prosecution, allegation of assault is only against co-accused Bambam and co-accused Sajjan @ Sajjan Kumar, who is petitioner no.1 in the present case. There is no Patna High Court Cr.Misc. No.34294 of 2011 (2) dt.12-10-2011 2 specific allegation of overt act against other accused persons. Learned counsel appearing for the State does not dispute the aforesaid submissions. In the aforesaid facts and circumstances, in the event of their arrest or surrender in the court below within a period of four weeks from today, let petitioner nos. 2 to 5, namely, Niraj, Devendra Yadav, Shyam and Subansh Rai alias Chhotu Mukhiya, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi P.S. Case No. 603 of 2009, corresponding to G.R. No. 2742 of 2009, subject to conditions laid down under Section 438(2) Cr. P.C. and subject to the further conditions that: (A) One of the bailors must be government servant or close family members of the petitioners, who will file an affidavit in the court below showing his/her relationship with the petitioners, (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 and (C) the petitioners shall make regular pairvi in the court below in the present case either by appearing themselves in person or through representation by their lawyer on each and every Patna High Court Cr.Misc. No.34294 of 2011 (2) dt.12-10-2011 3 dates, and if on two consecutive dates petitioners fail to make pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioners. However, in view of the nature of allegation, as disclosed in the F.I.R., the prayer for anticipatory bail made on behalf of petitioner no.1, namely, Sajjan, is rejected. He must surrender in the court below within a period of four weeks from today in connection with aforesaid Sitamarhi P.S. Case No. 603 of 2009, corresponding to G.R. No. 2742 of 2009, pending in the court of learned Chief Judicial Magistrate, Sitamarhi and, if so advised, seek regular bail, which shall be considered on its own merit without being prejudiced by the present order. BTiwary/- (Birendra Prasad Verma, J)