IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14420 of 2010 1. BALESHWAR DUBEY, SON OF LATE NAKCHHEDI DUBEY 2. SHATRUGHAN DUBEY @ NATH DUBEY 3. GANESH DUBEY @ PRABHU DUBEY 4. ISHWAR DUBEY, ALL ARE SONS OF BALESHWAR DUBEY, RESIDENT OF VILLAGE SINGHI, POLICE STATION BELAON DISTRICT KAIMUR AT BHABUA Versus THE STATE OF BIHAR ----------- 03. 03.06.2010 At the out set learned counsel for the petitioners stated that during the pendency of this application petitioner no.3 has been arrested, in the circumstances, his prayer for grant of bail in the event of arrest has become infructuous, which is dismissed. Heard learned counsel for the petitioners and the State. Petitioners are apprehending their arrest in connection with a case which was initially registered for the offence under Section-307 and other allied Sections of the Indian Penal Code in which on the basis of the requisition of the I.O. after passage of about three months Sectioins-3(i)(iv)(v)(x) of the SC/ST(Prevention of Atrocities) Act was added by the learned Chief Judicial Magistrate under orders dated 20.2.2010. Perusal of the First Information Report, however, indicates that there is no allegation constituting offences under the provisions of SC/ST(Prevention of Atrocities) Act, in the 2 circumstances, allegations set out in the First Information Report has been considered, wherefrom it appears that there is no allegation against petitioner no.2 and petitioner no.1 is merely an order giver. The allegation causing assault on the informant by Farsa is against Ishwar Dubey and with reference to the injury report and findings of the learned Sessions Judge contained in paragraph-5 of his order dated 20.3.2010 it is submitted that there is only one injury on the person of the informant, which is skin deep and according to doctor is simple in nature. In view of the allegations set out in the First Information Report, let petitioners surrender in the court below within four weeks from the date of receipt of this order in the court below thereafter petitioner nos.1 and 2, namely, Baleshwar Dubey and Shatrughan Dubey @ Nath Dubey be released on bail on furnishing bail bonds of Rs.5,000/-(Five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kaimur at Bhabua in connection with Bhagwanpur (Belaon) P.S. Case No.114 of 2009, G.R.No.1814 of 2009, subject to the conditions as laid down under Section-438(2) Cr.P.C. and bail plea of petitioner no.4 be considered in the light of the allegations set out in the First Information 3 Report and the injury report noted in paragraph-26 of the case diary and if the court below is satisfied that the offence under Section-307 I.P.C. is not made out then petitioner no.4, namely, Ishwar Dubey be also released on bail on furnishing bail bonds of Rs.5,000/-(Five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kaimur at Bhabua in connection with Bhagwanpur (Belaon) P.S. Case No.114 of 2009, G.R.No.1814 of 2009, subject to the conditions as laid down under Section-438(2) Cr.P.C. Rajesh/ ( V. N. Sinha, J.)