IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12010 of 2010 1. ARJUN SAH SON OF SANGYAN SAH, 2. AMRENDRA SAH SON OF SANGYAN SAH, 3. BHIM SAH, SON OF SANGYAN SAH 4. DINESH SAH, SON OF SANGYAN SAH, 5. SANGYAN SAH, SON OF JAGAT SAH, ALL RESIDENTS OF VILLAGE PASTAMPAR, THARHI, P.S. SOUR BAZAR (PATARGHAT O.P.), DISTRICT SAHARSA. --- PETITIONERS. Versus STATE OF BIHAR----- OPP. PARTY. ----------- For petitioner: Mr. Amaranth jha, Advocate. For state : Mr. Mritunjay Kumar Nirala, A.P.P. ----- 2/ 03.05.2010 Heard the parties. In a criminal prosecution for offence under sections 307, 324 and some other allied offences under the Indian Penal Code as also under section 3 (1)(x) of the SC/ST ( Prevention of Atrocities ) Act, the petitioners are alleged to have assaulted the informant and other persons by some lethal person, causing injuries on vital part of the body. The petitioners were allegedly wrongfully occupying the lands in question belonging to the informant. It is submitted by learned counsel for the petitioners that an F.I.R. has been lodged after five months. Against petitioner no.1 and 5 there is no allegation of assault. However, the petitioners are alleged to have wrongfully occupied the lands in question, belonging to the informant resulting into occurrence in question, and therefore, in view of the ratio decidendi as laid down by - 2 - this Court in an unreported case of Sajjo and Others Vs. State of Bihar, passed in Cr. Misc. No. 746 of 2010 and its analogous cases, the offence under sections 3 (i) (iv) of the SC/ST ( P.O.A.) Act is apparently made out against the petitioners. In that view of the matter, this application under section 438 of the Criminal Procedure Code is not maintainable. It is accordingly dismissed. The petitioners must surrender in the court below in connection with Sour Bazar ( Patarghat O.P.) P.S.Case No. 338 of 2009, pending in the court of Chief Judicial Magistrate, Sahara, within a period of four weeks from today and, if so advised, seek regular bail, which shall be disposed of on its own merit without being prejudiced by the present order and also by looking into all the materials available on record. ( Birendra Prasad Verma, J ) BTiwary/