IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11492 of 2010 1. SHIV NANDAN SHARMA SON OF LATE SHRIKANT SHARMA 2. KEDAR MANDAL SON OF LATE BHOLA MANDAL RESIDENT OF VILLAGE SUKHASAN KAILU TOLA, P.S. BARHARA, DISTRICT PURNEA Versus STATE OF BIHAR ----------- 2 5-5-2010 Heard learned counsel for the petitioners and learned counsel for the State. Petitioners prayer for anticipatory bail in a case of alleged breach of trust has been rejected by the Sessions Court on the sole ground that offence u/s Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act have also been alleged. It has rightly been submitted on behalf of the petitioners there is no specific allegation against them and after several months of withdrawing money from the bank account the informant has alleged that her money and money of some other beneficiaries of Indira Awas Yojna was fraudulently taken away by all the six accused persons. It has been submitted that there is no specific allegation as to who mentioned the caste of the informant nor the allegations disclose that there was any intention to inflict cruelty on the informant because she happened to be a member of Scheduled Caste. Considering the entire facts and circumstances, this application is disposed of with a direction that if the petitioners, namely, 1. Shiv Nandan Sharma and 2. Kedar Mandal surrender before Chief Judicial Magistrate, Purnea in Barhara PS case no. 126/2009 within six weeks in that event they shall be enlarged on 2 bail on furnishing bail bond of Rs. 7,000/- (seven thousand) with two sureties of the like amount each to the satisfaction of court below. BKS/- (Shiva Kirti Singh, J.)