IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7660 of 2010 1. ANANT YADAV,son of Late Devilal Yadav 2. Ram Kailash Yadav,son of Anant Yadav 3. Rajesh Yadav 4. Brijesh Yadav 5. Om Prakash Yadav 3 to 5 are sons of Ram kailash Yadav 6. Jai Prakash Yadav,son of Late Ram Surat Yadav All residents of Village-Bal,P.S.- Rasulpur,District-Saran at chapra. Versus THE STATE OF BIHAR ----------- For the Petitioners :Mr.Shambhu Prasad, Advocate. For the State :Mr. Binod Kumar No.2, Addl.P.P. ----------- 03/ 12-04-2010 Heard the parties. Petitioners apprehend their arrest in connection with Hajipur SC/ST P.S.Case No.714 of 2009 dated 12-12-2009, registered for the offences under Sections 147/148/448/379/323/504/506 of the Indian Penal Code, 27 of the Arms Act as also under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. According to prosecution case, petitioners are alleged to have abused the informant by calling her caste name and they are also alleged to have assaulted by fist and slaps. It is submitted by the learned counsel for the petitioners that in view of the ratio decidendi as laid down by this Court in an unreported case of Sajjo and others Vs. The State of Bihar passed in Cr.Misc.No.746 of 2010 and its analogous cases, offence alleged under Section 3(1)(x) of the said Act is inapplicable and, therefore the petition under Section 2 438 Cr.P.C. filed on behalf of the petitioners is maintainable before this Court. It is further submitted that almost all the offences under the Penal Code except offence under Section 379 of the Penal Code are bailable one. Though allegation of firing is there against all the accused persons but admittedly no injury has been sustained by the informant and, therefore provision of the Arms Act is not applicable in the case. In the aforesaid background, in the event of arrest/surrender within a period of four weeks from today in the above noted case, the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Chapra, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Birendra Prasad Verma, J.)