IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37692 of 2010 1. NAGESHWAR YADAV SON OF LATE BABULAL YADAV 2. DINESH YADAV 3. HARERAM YADAV, BOTH SONS OF NAGESHWAR YADAV, ALL RESIDENTS OF VILLAGE- JAGIR, P.S. SOUR BAZAR, DISTRICT- SAHARSA --- PETITIONERS. Versus STATE OF BIHAR —OPP. PARTY. ----------- 4/ 26-03-2011 Heard the parties. The petitioners apprehend their arrest in a criminal prosecution registered under sections 147, 149, 341, 323, 325, 379, 504 of the Indian Penal Code as also under sections 3(1)(x) of the SC/ST (Prevention of Atrocities) Act. Learned counsel appearing on behalf of the petitioners submits that on the face of the F.I.R., no offence punishable under section 3(1)(x) of the SC/ST (P.O.A.) Act is made out against the accused persons, much less against the petitioners. He submits that accused persons are merely alleged to have called the informant by his caste name and, therefore, in view of the ratio laid down by this Court in the case of Sajjo & Ors. Vrs. State of Bihar, reported in 2010(2) PLJR 690, offence under section 3(1)(x) of the SC/ST (P.O.A.) Act is not made out. Hence the present petition under section 438 Cr. P.C. is maintainable. On merit, it has been submitted that entire occurrence took place because of land dispute between the parties. Only co-accused Narad Yadav is alleged to have 2 assaulted the informant by iron rod causing injury to him. There is no allegation of assault against the petitioners and the allegations against them are general in nature. Be that as it may, in the facts and circumstances of the case, in the event of their arrest or surrender within a period of four weeks from today, the above named petitioners shall 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 learned Chief Judicial Magistrate, Saharsa in connection with Saur Bazar P.S. Case No. 214 of 2009, subject to conditions laid down under section 438(2) of the Cr.P.C. and subject to 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 3 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 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. BTiwary/ ( Birendra Prasad Verma, J.)