IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20884 of 2009 1. CHANDAN KUMAR CHOUDHARY @ Sunil Kumar Chaudhary, son of late Jagdish Prasad Chaudhary 2. Babulal Sharma, son of late Bhejal Sharma 3. Arjun Thakur, son of late Ganapati Thakur All are residents of vill.-Kamala Khani, P.S.-Kurshela, District-Katihar---------- --------------------------------------------------------------------------------Petitioners. Versus STATE OF BIHAR . ------------- 3. 9.11.2009 Heard learned counsel for the petitioners and the State. The submission of learned counsel for the petitioners is that some quarrel cropped up on the point of distribution of BPL card. Informant was asking for his father’s card which never could be handed over and he was put under more pressure for future also. As such, this case is lodged with allegation of abusing in name of caste only against petitioner nos.2 and 3. Allegation of theft is super- addition. Finding no allegation for offence under section 3(1)(X) of the SC and ST ( Prevention of Atrocities ) Act, anticipatory bail of petitioner no.1 is allowed. In the event of arrest or surrender within one month from the date of communication of this order the above named petitioner no.1 shall be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar, in connection with Kurshela P.S. case no.131 of 2008 , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. For petitioner nos.2 and 3, allegation constitutes an offence under section 3(1)(X) of SC and ST (Prevention of Atrocities) Act. - 2 - Anticipatory bail in which is not maintainable though in my view also allegation does not appear serious. Accordingly, prayer of petitioner nos.2 and 3 is rejected. However, petitioner nos. 2 and 3 are directed to surrender in the court below and pray for regular bail which shall be considered on its own merit without being prejudiced by this rejection order. sudip ( Mandhata Singh, J )