IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11347 of 2010 1. NOKHELAL YADAV SON OF LATE BIRANCHI YADAV 2.CHHOTELAL YADAV SON OF LATE BIRANCHI YADAV 3.MANOJ YADAV SON OF NOKELAL YADAV 4.ASHOK YADAV SON OF NOKELAL YADAV 5. SUBHASH YADAV SON OF NOKHELAL YADAV 6.MUKESH YADAV SON OF CHHOTELAL YADAV 7.ANANDI YADAV SON OF LATE BIRANCHI YADAV 8.JAI RAM YADAV SON OF ANANDI YADAV 9.BALRAM YADAV SON OF ANANDI YADAV 10 .KHOKHAN YADAV SON OF ANANDI YADAV 11.BHOLA YADAV SON OF LATE UPENDRA YADAV, ALL ARE RESIDENT OF VILLAGESHANKAR BANDH SAHARIA, P.S. BARARI, DIST. KATIHAR ……PETITIONERS Versus THE STATE OF BIHAR ----------- 3 21.4.2010 Heard Mr. Bhola Prasad, learned counsel appearing for the petitioners No. 2 to 6 and 8 to 11 as also Mr. Ram Priyasharan Singh, learned A.P.P. for the State. Petitioners apprehend their arrest in connection with Barari P.S. case no. 192 of 2009 dated 5.11.2009 registered under sections 147, 323, 379 and 188 of the Indian penal Code as also under sections 3 & 4 of the SC & ST (POA) Act. It is submitted by learned counsel for the petitioners that there appears to be a bonafide land dispute between the parties and because of the aforesaid land dispute certain altercation had taken place between the parties. A proceeding under section 144 Cr.P.C. is also pending between the parties with the respect to the lands in question. In the aforesaid back ground it is submitted that in view of the ratio decidendi laid down by this Court in the case of Sajjo& others Vs. The State of Bihar passed in Cr. Misc. No. 746 of 2010 and its analogous cases the provisions under sections 3 & 4 of SC & ST (POA) Act are not applicable - 2 - and, therefore, petition under section 438 Cr.P.C. is maintainable before this Court. It is further submitted that except offence under section 379 of the I.P.C. all other offences under Penal Code are bailable and allegation under section 379 I.P.C. seems to be super addition for making the case serious against the petitioners. In the aforesaid back ground, particularly in view of the fact that there is bonafide land dispute between the parties, let the above named petitioners no. 2 to 6 and 8 to 11 in the event of their arrest or surrender in the court below within a period of four weeks from today, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M, Katihar, in the above noted case, subject to the conditions laid down under section 438(2) Cr.P.C. (Birendra Prasad Verma, J) M.Rahman