IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12704 of 2010 HARINARAYAN SAHA son of late Nathu Saha, resident of village Bakarganj Laheriasarai, P.S. Laheriasarai, Dist. Darbhanga…Petitioner. Versus THE STATE OF BIHAR Opposite party. ----------- For the petitioner : Mr. Ajay KumarThakur, Advocte For the State : Mr. Dilip Kumar, A.P.P. ------- 2 14.5.2010 Heard the parties. In a criminal prosecution for offences under section 323, 504 of the Indian penal Code as also under section 3(1) (x) of SC & ST (P.O.A) Act, the complainant and the petitioner appear to be working in the same office in two different capacity. Some altercations appear to have taken place between the complainant and the petitioner on the question of not passing certain pending bills. From the tenor of the complaint petition it does not appear that the petitioner has either assaulted or abuses the complainant with an intention to humiliate him because of the fact that he belongs to SC, rather it appears that because of certain previous enmity the present occurrence had taken place. In the facts and circumstances of the case, the offence under the provision of SC & ST (P.O.A) Act appears to be inapplicable, therefore, the present petition under section 438 Cr.P.C. is maintainable. The offences under the Penal Code are bailable. - 2 - In the aforesaid facts and circumstances, in the event of arrest or surrender in the court below the above named petitioner shall be enlarged on 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, Madhubani in connection with complaint case No. 162/08/ Tr. No. 660/08, subject to the conditions laid down under section 438(2) Cr.P.C. ( Birendra Prasad Verma, J. ) M.Rahman