IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12435 of 2010 1. Kapileshwar Jha, son of Late Laddu Lal Jha. 2. Vinay Kumar Jha @ Vinay Jha, son of Kapileshwar Jha. 3. Mukesh Kumar Jha, son of Late Nand Kishore Jha. All resident of Village-Hari Lochanpur, P.S. Sarai Ranjan, District-Samastipur…………………………Petitioners. Versus The State of Bihar ………………………..Opposite Party. For the petitioners :- Mr. Rama Sanjay Kr. Singh,Advocate. For the State :- Mr. Gauri Shanker Gupta, A.P.P. ----------- 2. 10. 05. 2010. Heard the parties. In a criminal prosecution for offences under Sections 448, 452, 379 and some other minor and bailable offences under Indian Penal Code as also under Section 3(1) (x) of S.C. and S.T. (P.O.A.) Act, the petitioners are alleged to have hurled abuses to the informant and are also alleged to have called him by his caste name. Learned counsel for the petitioners submits that as a matter of fact, Petitioner No. 1 used to supply electricity to the consumers through his own generator and some altercation appears to had taken place between the parties on the question of taking illegal electric connection for running a T.V. by the informant. It is also submitted that in view of ratio decidendi laid down by this Court in the case of Sajjo & others Vrs. State of Bihar reported in 2010 (2) B.L.J. 181, provision under Section 3(1) (x) of the S.C. and S.T. (P.O.A.) Act are inapplicable against the petitioners. In that view of the matter present petition under Section 438 Cr.P.C. is maintainable. Considering the facts and circumstances of the present case, in the event of their arrest/surrender in connection with 2 S.C./S.T. Samastipur Police Station Case No. 35/09 within a period of four weeks from today, the above named petitioners shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Samastipur, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. m.p. ( Birendra Prasad Verma, J.)