IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20528 of 2009 1. MD. KHALIL 2. Md. Meraj 3. Damodar Singh Versus The STATE OF BIHAR ----------- 2/ 20.07.2009 Heard learned counsel for the petitioners and learned counsel for the State. Submission of the learned counsel for the petitioners is that informant is set up by officer-in-charge, Salaiya Police Station and Mukhiya, Khiriyawan Panchayat to whom petitioner no.1 had gone to mediate on wanted demand of his friend from whom he had borrowed loan without interest. His money was kept by them and informant was set up making false allegations involving petitioner nos. 2 and 3 who are witnesses of petitioner no.1 in his complaint case filed earlier in point of time. The allegation under Section 379 of I.P.C. may be super addition levelled against petitioner nos. 1 and 2, but petitioner no.3 is alleged to abuse in the name of his caste to humiliate the complainant. In this regard, reliance has been placed upon the case of Gorige Penthaiah Vrs. State of Andhra Pradesh & Ors. reported in 2008 (12) S.C.C. 531 to mention that accused was not belonging to the member of Scheduled Castes and Scheduled Tribes but here petitioner no.3 comes from Scheduled Caste and Scheduled Tribe is not alleged and other ingredients are given there, though the allegation levelled against him is also not serious in nature yet anticipatory bail is not maintainable. That can be considered by the Trial Court. In the facts and circumstances, as discussed above, the 2 prayer of the petitioners no. 1 and 2 is allowed. At the same time, the prayer of the petitioner no.3 is rejected. In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order in connection with Salaiya P.S. Case No. 7 of 2009, above named Petitioner No. 1, Md. Khalil and Petitioner No. 2, Md. Meraj shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Aurangabad (Bihar) subject to the conditions as laid down under Section 438(2) of Cr. P.C. However, petitioner no.3, Damodar Singh is directed to surrender before the Court below and pray for regular bail. shail (Mandhata Singh, J.)