IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34237 of 2011 ====================================================== Ram Narain Das, son of Satya Narayan Das, resident of Vill. Dhabolia, P.S. Kusheshwar Asthan, Distt. Darbhanga. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Sujit Kumar Singh, Advocate For the State : Mr. Ashok Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 2 12-10-2011 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The petitioner apprehends his arrest in a criminal prosecution registered under Sections 436/149 besides other allied offences under the Indian Penal Code as also under Section 3(i) (x) of the Scheduled Casts and Scheduled Tribes (Prevention of Atrocities) Act, 1989. From perusal of the first information report, it appears that prima facie a case under Section 3(i) (x) of the Scheduled Casts and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is made out against the accused persons and, therefore, in view of Patna High Court Cr.Misc. No.34237 of 2011 (2) dt.12-10-2011 2 law laid down by this Court in the case of Sajjo & Ors Vs. the State of Bihar reported in 2010 (2) PLJR 690 the present petition for grant of anticipatory bail under Section 438 Cr.P.C. is not maintainable. Accordingly, prayer for anticipatory bail is rejected. The petitioner must surrender in the court below in connection with Kusheshwar Asthan P.S. Case No. 65 of 2011 dated 27.03.2011 pending in the court of learned Sub-divisional Judicial Magistrate, Biraul at Benipur, Darbhanga within a period of four weeks from today, and if so advised, seek regular bail, which shall be considered on its own merit without being prejudiced by the present order. Anjani /- (Birendra Prasad Verma, J)