IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12262 of 2010 Anil Singh @ Anil Kumar, son of Ambika Singh, resident of Village- Medhkuri, P.S. Meskour, in the district of Nawadah……………………………………….Petitioner. Versus The State of Bihar …………………………Opposite Party. With Cr.Misc. No.12946 of 2010 Mahesh Singh @ Mukhiya Mahesh Singh, S/o Sri Sheonandan Singh, R/o Village- Sakhra, P.S.- Hisua, District-Nawadah. ………….Petitioner. Versus The State of Bihar…………………………Opposite Party. For the petitioner in Cr. Misc. No. 12262/2010 :- Mr. Deepak Kumar, Advocate. For the State :- Mr. U.S.P.Singh, A.P.P. For the petitioner in Cr. Misc. No.12946/2010 :- Mr. Yogesh Chandra Verma,Sr.Advocate. Mr. Ashutosh Singh II, Advocate. For the State :- Mr. U. S. P. Singh, A.P.P. ----------- 2. 07. 05. 2010. Heard the parties. In a criminal prosecution for offences under Sections 420, 467 and 468 of the Indian Penal Code as also under Section 3 (1) (x) of S.C. and S.T. (P.O.A.) Act, the informant has made allegation that name of some of the beneficiaries including the complaint/informant has been illegally excluded from the list of the beneficiaries under Antyoday Scheme and in their place, name of some other persons have been included in that list. Learned counsel for the petitioners in both the cases submits that there is no allegation that food grains are not being supplied to the beneficiaries, who have been included in the list. The petitioner in Cr. Misc. No. 12262/2010 is the Panchayat Secretary and petitioner in Cr. Misc. No. 12946/2010 is the elected 2 Mukhiya of Gram Panchayat. In view of nature of allegation as disclosed in the F.I.R. vide Annexure- 1, it is also submitted that in view of ratio decidendi laid down by this Court in the case of Sajjo & others Vrs. State of Bihar reported in 2010 (2) B.L.J. 181, the provisions under S.C. and S.T. (P.O.A.) Act are not applicable in the present case against the petitioners and therefore, petitions filed on behalf of the petitioners under Section 438 Cr.P.C. are maintainable. In the aforesaid facts and circumstances, in the event of their arrest/surrender in connection with Hisua P.S. Case No. 4/09 arising out of Complaint Case No. 703/08 G.R. No. 47/09 within a period of four weeks from today, the petitioners, namely, Anil Singh @ Anil Kumar and Mahesh Singh @ Mukhiya Mahesh Singh, shall be enlarged 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 the Chief Judicial Magistrate, Nawada, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. m.p. ( Birendra Prasad Verma, J.)