IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4788 of 2010 1. LAL YADAV,son of Asharfi Yadav 2. Baidya Nath Yadav @ Vaidy Nath Yadav,son of Asharfi Yadav 3. Sanjay Yadav,son of Asharfi Yadav. All are residents of village-Narar got, P.S.-Kaluahi,District-Madhubani. Versus THE STATE OF BIHAR ----------- For the Petitioners :Mr.Gagandeo Yadav, Advocate For the State :Mr.Dashrath Mehta, Addl.P.P. ----------- 02/ 12-04-2010 Learned counsel for the petitioners has filed a supplementary affidavit seeking permission to make necessary correction in paragraph-1 of the main petition. Let the supplementary affidavit be kept on record and necessary correction in paragraph-1 of the main petition be made during course of the day. Heard the parties. Petitioners apprehend their arrest in connection with Kaluahi (Khajauli) P.S.Case No.368 of 2008 dated 27.11.2008, registered under Sections 447/341/323/504/34 of the Indian Penal Code as also under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. On merit it is submitted by the learned counsel for the petitioners that all the offences alleged under the Penal Code are bailable one. However, so far offence under Section 3(1)(x) of the said Act is concerned, in view of the ratio decidendi as laid down by this Court in an unreported case of Sajjo and others Vrs. The 2 State of Bihar passed in Cr.Misc.No.746 of 2010 and its analogous cases, the aforesaid offence is inapplicable in the present case, as the petitioners are alleged to have called the informant and his family members by their caste name. In that view of the matter, petition under Section 438 Cr.P.C. is maintainable. Learned counsel for the State, though has opposed the prayer for anticipatory bail, but has not disputed the aforesaid position. In that view of the matter, in the event of arrest/surrender within a period of four weeks from today in the above noted case, the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhubani, 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.)