IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.300 of 2010 NAWAL SINGH son of Bhudeo Singh, resident of Village Chakeyaj, P.S. Desari, Dist. Vaishali …Petitioner. Versus STATE OF BIHAR Opp. Party. ----------- For the petitioner : Mr. Tej narayan Singh, Advocate. For the State : Mr. B.N. Pandey, A.P.P. ----------------- 4 13.5.2010 A supplementary affidavit has been filed on behalf of the petitioner bringing on record certain documents. Let it be kept on record. . Heard the parties. In a criminal prosecution for offences under sections 307, 302 and other allied and minor offences under the Penal Code as also under section 3(1) (x) of the SC & ST (P.O.A) Act, the petitioner is named in the FIR as an accused. Co-accused Sudhir Kumar Singh is alleged to have assaulted the father of the informant by iron rod, as a result of which he subsequently died. Again co-accused Sudhir Kr. Singh and co-accused Sanjeev Kumar Singh are alleged to have assaulted the informant by lathi. This petitioner is alleged to have assaulted the mother of the informant. Entire occurrence appears to have taken place on the question of possession over a piece of land allotted to the - 2 - informant under the provision of Bihar Privileged Persons Homestead Tenancy Act. Learned counsel for the petitioner submits that apparently petitioner is not assailant of the deceased. He is also not alleged to have assaulted the informant. Though the petitioner is alleged to have assaulted the mother of the informant, but no injury report is available on the record. By referring to annexure- 4, it was submitted that father of the informant was granted Basgeet Parcha, but that order has been quashed by this Court by order dated 4.4.1997 passed in C.W.J.C. No. 8054 of 1995 vide annexure-5 and, therefore, claim of right or title of the informant over the land in question is apparently wrong and false. In view of the aforesaid factual position, it is submitted that in view of ratio laid down by this court in the case of Sajjo and others V State of Bihar, reported in 2010 (2) BLJ 181 the provision under the SC & ST (P.O.A) Act is not applicable against the petitioner and the present petition under section 438 Cr.P.C. is maintainable. Taking into consideration these aspect, in the event of arrest or surrender in the court within a period of four weeks from today, the above named petitioner shall be enlarged on - 3 - bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of C.J.M, Vaishali at Hajipur in connection with Deshri (Sahadei O.P) P.S. Case no. 136 of 2009, subject to the conditions laid down under section 438(2) Cr.P.C. ( Birendra Prasad Verma, J. ) M.Rahman