IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12011 of 2010 1. RITESH SINGH son of KRISHNA SINGH 2. KRISHNA SINGH, SON OF RAJ NARAYAN SINGH 3. SIYA RAM MISHRA, SON OF LATE RAM NATH MISHRA, 4. SATISH SINGH, SON OF LATE RAM ASHISH SINGH, ALL RESIDENT OF VILLAGE BHAWALPUR, P.S. MARHOWRAH, DISTRICT SARAN.--- PETITIONERS. Versus STATE OF BIHAR-- Opp. Party. ----------- For petitioners : Mr. Abhishek Singh, Adv. For State : Mr. C. Jawaha, A.P.P. ---- 2/ 03.05.2010 Heard the parties. In a criminal prosecution, for offence under section 324 and other offences under Indian Penal Code as also under section 3 (i) (x) of the SC/ST ( Prevention of Atrocities ) Act, petitioners are alleged to have called the informant by caste name and there is general and omnibus allegation of assault by ‘lathi’. In view of the aforesaid allegation and in view of the ratio decidendi as laid down by this Court in an unreported case of Sajjo & Ors. Vs. State of Bihar passed in Cr. Misc. No. 746 of 2010 and its analogous cases, the provisions under section 3(i) (x) of the said Act are inapplicable and, therefore, the present application under section 438 of the Code of Criminal Procedure is maintainable. So far the offence under Penal Code is concerned, all the offences, except under section 324 of the Penal Code, are bailable and allegations of assault are general and omnibus against all the accused persons. - 2 - Taking into consideration the aforesaid facts and circumstances of the case, in the event of their arrest or surrender in the court below, let the petitioners above named be enlarged on bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of Chief Judicial Magistrate, Saran at Chapra in connection with Marhowrah P.S. Case No. 28 of 2010, subject to conditions as laid down under section 438(2) of the Cr.P.C. ( Birendra Prasad Verma, J ) BTiwary/