IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4595 of 2010 AMINULLAH RAHMANI AMBAR, Son of Late Maulana Ishaque Rahmani, Resident of mohalla Saharsa, Basti, P.S. & District Saharsa ……………… Petitioner Versus STATE OF BIHAR ….. Opposite Party ----------- For the petitioner : Mr. Pramod Mishra, Advocate For the State : Mr. Uma Shankar Pd. Singh, A.P.P. ------- 3 29.03.2010 Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks bail in a case registered under Sections 447, 341, 323, 379, 420, 467, 468, 120(B) of the Indian Penal Code and Section 3(X) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. It is submitted on behalf of the petitioner that the dispute is regarding the ownership of the land in question, which has been allegedly sold by this petitioner to one Bahadur Mukhia as a result of this the informant has been dispossessed. Learned counsel for the petitioner submits that the land concerned belonged to the petitioner and he had sold the same in the lawful manner. It is further contended that the dispute is of civil nature concerning the right, title and interest. Petitioner is stated to be in custody since 2 7.1.2010. It is further contended that ingredients of S.C. and S.T. (Prevention of Atrocities) Act are not made out. In the facts and the circumstances of the case, the petitioner, AMINULLAH RAHMANI AMBAR, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa in connection with Mahishi P.S. Case No. 10 of 2007, with a further condition that one of the bailors of the petitioner must be a close relative or family member of the petitioner, who shall file affidavit before the concerned court giving complete genealogy to show his or her relationship with the petitioner. Further, the petitioner shall remain present on each and every date during the course of trial. If the petitioner fails to remain present on two consecutive dates without any reasonable explanation then the court concerned would be at liberty to take steps for cancellation of bail bonds of the petitioner. Spd/- (Dr. Ravi Ranjan, J.)