IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39128 of 2009 NANDLAL MANDAL, son of Sri Ram Mandal, village Teliya Bathan, PS Pasraha, Dist. Khagaria – petitioner. Versus THE STATE OF BIHAR . ----------- 2 24.12.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner apprehends his arrest in a case under sections 353, 504 and 506 of the Penal Code read with sections 3/4(x) of the SC/ST Act. The allegation is that the petitioner was intercepted by the informant and thereafter taken to the police station. It is alleged that the petitioner was released from the Police station and after seeing the name plate of the informant the petitioner is said to have abused him taking his caste name. The case was instituted after two days of the occurrence. Counsel for the petitioner submits that merely by taking the caste name, no offence under the SC/ST Act is made out against him. It has been held in several cases that merely by taking the caste name and that to in private place does not constitute an offence under the SC/ST Act. Besides this the entire case seems to be false as it has been instituted after two days of the occurrence. Be that as it may, the petitioner is directed to released on anticipatory bail, in the event of his arrest or surrender within six weeks, in Gopalpur PS Case No. 24/2008 on furnishing bail bond of rupees ten thousand with two sureties of 2 the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate, Naugachhia, subject to the conditions laid down under section 438(2) of the Cr.P.C. haque (Sheema Ali Khan, J.)