IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9606 of 2009 1. SHEELA DEVI, wife of Sakal Mandal 2. Sakal Mandal, son of Gena Mandal 3. Suresh Mandal @ Suro Mandal, son of Gena Mandal 4. Bindu Devi, wife of Suresh Mandal 5. Karamveer Mandal @ Maramveer Mandal, son of Suresh Mandal All are residents of Jagdishpur Bazar, P.S.-Jagdishpur, Distt.-Bhagalpur------ -------------------------------------------------------------------------Petitioners. Versus STATE OF BIHAR ----------- 2. 15.4.2009 Heard learned counsel for the petitioners and the State. The submission of learned counsel for the petitioners is that petitioners have been involved in a case to justify the illegal possession otherwise in the F.I.R. itself it is said that the informant was in occupation of the land which was in front of petitioners’ house and road. He was in occupation of the same since ten years and that was being opposed. The matter was informed to S.D.O. that encroachment was to be removed. For the same Bulldozer came to the place of encroachment and at the same time this case was lodged. In that also skill lacks for making an offence under section 3(1)(X) of the S.C. and S.T. ( Prevention of Atrocities) Act as the informant was called in the name of his caste Dhobi to remove the hut and not humiliating any one. Naming caste only can never be taken as humiliation. I agree with the submission of the learned counsel. Accordingly, in the event of arrest or surrender within one month from today in Jagdishpur P.S. case no.18 of 2009, the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/-( Ten thousand) each with two sureties of the like amount - 2 - each to the satisfaction of the C.J.M., Bhagalpur , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J )