IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19864 of 2010 1.RAM LAULIN GIRI son of Late basudeo Giri 2.Rama Shankar Giri 3.Sanjay Giri @ Sanjay Kumar Giri both sons of Sri Ram Laulin Giri 4.Gautam Giri @ Gautam Kumar Giri 5.Ghanti Giri @ Keshav Kumar Giri, both sons of Sri Rama Shankar Giri All are R/o village Raipur P.S. Ujiarpur, Dist. Samastipur …petitioners Versus STATE OF BIHAR O.P. ----------- For the petitioners : Mr. Udit Nr. Singh, Advocate For the State : Mr. R. B. Roy ‘Raman’, A.P.P. -------- 2 23.6.2010 Heard the parties. The petitioners apprehend their arrest in a complaint case in which cognizance is said to have been taken for offences under sections 323, 379, 504 of the Indian Penal Code as also under section 3(1) (X) of SC & ST (P.O.A)Act. Aaccording to the prosecution case the petitioners are alleged to have called the complainant by his caste name and entire occurrence appears to have taken place because of certain land dispute between the parties. It is submitted that in view of ratio decidendi laid down by this Court in the case of Sajjo & Others Vs State of Bihar reported in 2010 (2) BLJ 181, the offences alleged under the provisions of SC & ST (POA) Act are in- applicable in the present case and, therefore, the present petition under section 438 Cr.P.C. is maintainable. The allegation regarding committing theft of Rs. 2000/- from the pocket of the complainant appears to super addition only with a view of make the case serious and non-bailable. In the aforesaid facts and circumstances, 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 bonds of - 2 - Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of S.D.J.M, Dalsingsarai in connection with complaint case no. 542 of 2009, subject to the conditions laid down under section 438(2) Cr.P.C. and subject to 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 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. ( Birendra Prasad Verma, J. ) M.Rahman