IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.33705 OF 2009 1. RAMASHISH YADAV, SON OF BISHESHWAR YADAV 2. MAHENDRA YADAV, SON OF SAHAR YADAV 3. CHHOTELAL YADAV, SON OF SAHAR YADAV 4. TUNTUN YADAV, SON OF BACHU YADAV 5. KARU YADAV, SON OF DILO YADAV 6. SUNIL YADAV, SON OF KARU YADAV 7. SUKHDEO YADAV, SON OF MANGAR YADAV 8. CHANDO YADAV, SON OF MANGAR YADAV 9. SOHAR YADAV, SON OF MANGAR YADAV ALL RESIDENT OF VILLAGE BOKHRA, POLICE STATION SITAMARHI, DISTRICT NAWADA ………………………………………………………………………..PETITIONERS VERSUS THE STATE OF BIHAR *********** 2 06/11/2009 Heard learned Counsel for the petitioners and the A.P.P. appearing on behalf of the State. There is case and counter case. The petitioner no. 1 is said to have inflicted blow on the informant. As far as other petitioners are concerned, they are said to be the members of the mob. There are no specific allegations against them. Learned A.P.P. submits that there is allegation under the provisions of the SC & ST (Prevention of Atrocities) Act as the petitioners have abused the informant by his caste name. Learned Counsel for the petitioners submits that the occurrence took place within the confinement of the house of the informant and as such the informant was not abused in open place. 2 Be that as it may, the petitioner nos. 2 to 9, namely, Mahendra Yadav, Chhotelal Yadav, Tuntun Yadav, Karu Yadav, Sunil Yadav, Sukhdeo Yadav, Chando Yadav and Sohar Yadav are directed to be released on anticipatory bail in the event of arrest/surrender before the Court below within a period of six weeks from today in Narhat (Sitamarhi) Police Station Case No. 45 of 2009 on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure. However, considering the allegation against the petitioner no. 1, namely, Ramashish Yadav, I am not inclined to grant him anticipatory bail. His prayer for anticipatory bail is accordingly dismissed. Anand ( Sheema Ali Khan, J.)