IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1280 of 2010 Naresh Mahto @ Ram Naresh Mahto, S/o Late Ramchandra Mahto, resident of Village- Pahleja Tola, Naresh Bigha, P.O. Pahleja, P.S. Dehri, District-Rohtas (Sasaram). ………Petitioner. Versus The State of Bihar and others ……………….Opposite Parties. ----------- 2. 06. 04. 2010. Heard Mr. Rajiva Ranjan, learned counsel appearing on behalf of the petitioner and Mr. Bishweshwar Ram, learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with S.C./S.T. P.S. Rohtas (Dehri) Case No. 48 of 2009, registered under Sections 341, 342, 323, 337, 447, 504, 506 and 109/34 of the Indian Penal Code and Section 3(1)(x) of the S.C. and S.T. (Prevention of Atrocities) Act. It is submitted by the learned counsel for the petitioner that all the offences alleged under Indian Penal Code are bailable one, and only the offence U/s 3(1) (x) of S.C. and S.T.(P.O.A) Act is non bailable. He further submits that in view of ratio decidendi laid down by this Court in an unreported case of Sajjo & Ors Vrs. State of Bihar passed in Cr. Misc. No. 746/2010 and its analogous cases, the provision of Section 3 (1)(x) of S.C. and S.T.(P.O.A.) Act are inapplicable in the present case, as the petitioner is alleged to have called the prosecution party by their caste name and therefore, application under Section 438 Cr.P.C. is maintainable. Learned counsel for the State has fairly conceded the aforesaid position. 2 In that view of the matter, the petitioner, namely, Naresh Mahto @ Ram Naresh Mahto, in the event of his arrest/surrender within a period of four weeks from today, shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrat, Rohtas at Sasaram, in connection with S.C/S.T. P.S. Rohtas (Dehri) Case No. 48/09, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. m.p. ( Birendra Prasad Verma, J.)