IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4802 of 2010 GAJENDRA YADAV,son of Mahabir Yadav,resident of Mohalla-Gaurabgarh,Ward No.4, Nagar Parishad,Supaul,P.S. and District-Supaul. Versus STATE OF BIHAR ----------- 02/ 12-04-2010 Heard Mr. Bishwanath Prasad Singh, learned counsel appearing for the petitioner and Mr. Dashrath Mehta, learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Supaul P.S.Case No.295 of 2007 dated 29-12-2007,registered under Sections 341/323/337/37`9/504/34 of the Indian Penal Code as also under Sections 3 and 4 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. It is submitted by the learned counsel for the petitioner that all the offences under the Indian Penal Code except offence under Section 379 of the Penal Code are bailable one, but in the facts of the case allegation under Section 379 seem to be super addition. It is further submitted that in view of the ratio decidendi as laid down by this Court in an unreported case of Sajjo and others Vs. The State of Bihar passed in Cr.Misc.No.746 of 2010 and its analogous cases, offences under Sections 3 and 4 of the said Act are inapplicable in the present case and, therefore, the petition under Section 438 Cr.P.C. is maintainable. It is also submitted that merely naming some one by his/her caste name, ipso facto, does not constitute an offence under the said Act. 2 Learned counsel for the State, though has opposed the prayer for anticipatory bail, but has not disputed the aforesaid legal position. In the aforesaid background, in the event of arrest/surrender within a period of four weeks from today in the above noted case, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Supaul, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Birendra Prasad Verma, J.)