IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19698 of 2010 1. YUNUS MIAN son of late Alauddin Mian 2. Rahmat Mian son of Yunus Mian 3. Anwar Mian son of Ful Mohammed Mian All are residents of vill.-Mansar, P.S.-Kopa, Distt.-Saran----Petitioners. Versus STATE OF BIHAR . ----------- 3. 12.7.2010 Heard Learned counsel for the petitioners and the State. Offence under section 379 of the Indian Penal Code is super-addition. For the offence under section 3(1)(X) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, it is said that a case was lodged at petitioners end against the complainat party earlier to the incident. The matter was investigated by the investigating officer and submitted final form exonerating petitioners but there is specific assertion regarding abuse in name of informant’s caste as was in the F.I.R. Once offence under section 3(1)(X) of the Scheduled Caste and Scheduled Tribe is made out, anticipatory bail petition is not maintainable. Accordingly, prayer of the petitioners is rejected. However, petitioners are directed to surrender in the court below and pray for regular bail which shall be decided on the same day without being prejudiced by this rejection order and taking into consideration the case filed at petitioners end also. Sudip ( Mandhata Singh,J )