IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29302 of 2011 1. Bhuwar Singh, S/o Kanhaiya Singh. 2. Raghubansh Singh, S/o Late Kawaldeo Singh. 3. Pappu Raut, S/o Krishna Raut. 4. Krishna Raut, S/o Late Lalji Raut. All resident of village-Bangara (Nadipar), P.S.-Jalalapur, District-Saran. ……….Petitioners The State of Bihar ……….Opp. Party. ----------- 2 23.09.2011 Heard learned counsel for the petitioner and learned counsel appearing for the State. It is submitted that apart from the offence under section 3(i) (x) of the S.C. & S.T. (Prevention of Atrocities) Act, all other sections under Indian Penal Code are bailable in nature. In view of statutory bar as prescribed under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, in my view, the application under Section 438 Cr. P.C. is not maintainable. In that view of the matter, without going into the merit of the case, I find that the application is not maintainable. However, in case the petitioners surrender and seek bail in connection with Baniyapur P.S. Case No. 101 of 2011, pending in the court of the learned Chief Judicial Magistrate, Saran at Chapra, the same shall be considered on its own merit in accordance with law, without being prejudiced in any manner by this order and, if possible, the same may be decided on the date of surrender itself. Sanjeet (Ashwani Kumar Singh, J.)