IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39623 of 2010 1. BIJAY PRSAD, S/o Prakash Prasad 2. Mithilesh Prasad, S/o Sarju Prasad Both are R/o Vill.-Dhop-Pathal, P.S. Sirdalla, Distt.-Nawada. 3. Suresh Prasad, S/o Lalo Prasad R/o Village- Bageshri, P.S.- Sirdalla, Distt.- Nawada ………Petitioners. Versus STATE OF BIHAR ………Opposite Party ----------- 2 03.11.2010 Heard the parties. In a criminal prosecution registered under sections 279, 337 and some other minor offences under the Indian Penal Code as also under section 3 (1) (X) SC & ST (POA) Act, one Santun Prasad, the owner of a Tractor, is said to have caused an accident causing injury to the son of informant. Injured Upendra Manjhi was taken to the Hospital and was finally referred to PMCH, Patna for treatment. It is submitted that even according to the prosecution case petitioners were not responsible for causing any injury to the injured Upendra Manjhi. They are only alleged to have requested the informant not to lodge any criminal case and are said to be instrumental in getting Rs.4,000/- paid to the informant from the owner of a Tractor. It is also highlighted that in view of ratio laid down by this Court in the case of Sajjo and others Vs. State of Bihar, and its analogous cases reported in 2010 (2) BLJ 181, the offences under section 3 (1) (X) SC & ST (POA) Act would not be attracted against the petitioners and, therefore, the present petition under section 438 Cr. P.C. is maintainable. Taking into consideration the aforesaid submissions and taking into consideration the fact that petitioners are not alleged to 2 have caused any injury to the injured Upendra Manjhi, the above named petitioners in the event of their arrest or surrender in the court below within a period of four weeks from today shall be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of Chief Judicial Magistrate, Nawada in connection with Sirdalla P.S. Case No. 100/2010, subject to the conditions laid down under section 438 (2) Cr. P.C. Anjani/ ( Birendra Prasad Verma, J )