IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45916 of 2008 AJIT PATHAK …. PETITIONER Versus THE STATE OF BIHAR …. OPP. PARTY ----------- 2. 27.11.2008 Heard Sri Pushar Narain Shahi, Advocate for the petitioner and Sri D. Mehta, APP for the State. The offences under the IPC being bailable. The petitioner is in custody only because the FIR being under Section 3(x) of the SC/ST (Prevention of Atrocities) Act. The contention is that if a person holds a public office as the informant does and lodges a report in that capacity then he could not be treated a member either of the Scheduled Castes or of the Scheduled Tribes and it could be treated as an ordinary offence. The further contention is that the FIR is an example of malicious filing of false case after utilizing once caste though the informant was a public servant. Regard being had to the facts of the case and contentions, let petitioner Ajit Pathak be released from custody on furnishing a bond of Rs.3,000/- (three thousand) with two sureties of the like amount each to - 2 - the satisfaction of A.C.J.M., Dalsingsarai in connection with Dalsingsarai P.S. Case No. 186 of 2008 (G.R. No. 493 of 2008. DKS/ (Dharnidhar Jha, J.)