IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3863 of 2009 1. GAURISHANKAR MAHTO @ GAURISHANKAR PATEL S/O BHARAT MATHO 2. SANNI MAHTO S/O GAURI SHANKAR MAHTO 3. SHIVSHANKAR MAHTO S/O BHARAT MAHTO ( ALL ARE R/O VILL. BAIRIYA KOLHUA, P.S. AHIYAPUR, DIST. MUZAFFARPUR) ……….. PETITIONERS Versus THE STATE OF BIHAR ……….. OPP. PARTY. ----------- For the petitioners: Mr. Kailash Nath Diwakar, Advocate. For the State : Mr. C.Jawahar, APP. 02. 23.04.2009 Heard both sides. Apart from the accusations under minor offences of the Penal Code, petitioners are also facing charges punishable under Section 3(I) (X) of the S.C/S.T. (Prevention of Atrocities Act). It is submitted that the said provisions shall not apply to the particular facts of the case. This court, without going into the merit of the submission and the allegation, is of the view, that any observation made in this regard by this court, shall adversely affect the parties. There appears to be a legal bar under Section 18 of the S.C./S.T. ( Prevention of Atrocities Act). Let the petitioners surrender in the court below and pray for regular bail, which shall be considered on its own merit 2 uninfluenced by the order passed by this court in the present proceeding. With this observation the application is disposed of. Sym/ (Kishore K. Mandal, J.)