IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28489 of 2010 HARICHARAN SHARMA,S/o Baso Sharma,resident of village-Tilak Nagar Icharua,P.S.-Alauli,District-Khagaria…………Petitioner. Versus STATE OF BIHAR . ----------- 2. 16.09.2010 Heard learned counsel for the petitioner and the State. Allegation is about causing assault, abusing in name of caste and snatching of Rs.200/-. Theft is said ornamental. For assault Section 323 of the Indian Penal Code is made applicable and for the offence, for abuse in name of caste. It is said that if really was given, none was present there. F.I.R. is clear that abuse was given, thereafter, assault was caused and then only alarm was raised and informant’s family members came. There is clear observation in refusal order of Sessions Judge that none of the witnesses examined by the investigating officer stated about abuse by the petitioner in name of informant’s caste to humiliate him. Having regard to the facts and circumstances of the case, in the event of arrest or surrender within a period of one month from the date of receipt/production of a copy of this order, above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria, in connection with Begusarai (Harijan ) P.S. Case No. 72/10, G.R.No.463/10, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Vikash ( Mandhata Singh, J.)