IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15281 of 2009 1. SIYARAM SINGH 2. Rajendra Singh 3. Yogendra Singh 4. Harendra Singh 5. Asha Devi 6. Kamal Singh Versus The STATE OF BIHAR ----------- 2/ 05.05.2009 Heard learned counsel for the petitioners and learned counsel for the State. Sections 307 and 379 of the I.P.C., 27 of the Arms Act and 3(i), (iv), (v), (ix), (x) (shown 3, 4, 5, 9, 10) of the Scheduled Cates and Scheduled Tribes (Prevention and atrocities) Act are non-bailable only. For offence under Section 379 of I.P.C., it is said that it is a super addition allegation and title suit is also pending in between the parties for land dispute, as about allegation under Section 307 of I.P.C., firing was shot but did not hit anyone. For the offence under Scheduled Castes and Scheduled Tribes (Prevention of atrocities) Act, it is said that both the parties were quarreling and claiming a piece of land and abuse, if any, was made in the name of caste that is specific upon Siyaram Singh, petitioner no.1 and all the family members have been involved. It is said that Siyaram Singh did not abuse in public view. There can be no better place than field to be defined as public view but that is specific against petitioner no.1. So, prayer of the petitioner no.1 is rejected. As far as petitioner nos. 2 to 6 are concerned, finding the same not maintainable as against rest allegations levelled in the F.I.R. it is clear enough that their arrest for the alleged offence cannot be 2 justified. Accordingly, the prayer of the petitioners no. 2 to 6 is allowed. In the event of arrest or surrender within one month from today in connection with SC/ST P.S. Case No. 02 of 2004 of District-Bhojpur, above named petitioners no. 2 to 6 shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Bhojpur subject to the conditions as laid down under Section 438(2) of Cr. P.C. However, petitioner no.1 is directed to surrender before the Court below and pray for regular bail. shail (Mandhata Singh, J.)