IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4236 of 2009 NAGENDRA PATHAK S/O LATE SURAJ PATHAK, R/O VILL. KUSURUPA, P.S. RAJPUR, DIST. BUXAR. --- PETITIONER Versus STATE OF BIHAR -- OPP. PARTY. ----------- For the petitioner: Mr. B.J.Ojha, Advocate. For the State: Mr. C.Jawahar, APP. 02. 01.05.2009 Heard. Petitioner seeks anticipatory bail in a case instituted under Sections 147, 341, 323, 337 and 504 of the Penal Code and Section 3(1) (X) of the S.C/S.T.( Prevention of Atrocities ) Act. The allegation in the F.I.R. appears to be against all the accused persons with regard to assaulting the informant and inmates of the house and abusing them in their name of caste. It is submitted that on the basis of allegations contained in the F.I.R. no case under Section 3(1) (X) of the S.C./S/T.(Prevention of Atrocities)Act has been made out. It is further submitted that the police upon conclusion of investigation, did not find sufficient material against the petitioner, and he was not sent up for trial. The learned court below, however, differing with the report has taken cognizance against the petitioner. It is further contended that one of the co-accuseds has been granted the privilege of anticipatory bail by the learned court below. This court, for the present, does not express any opinion/view as regards the allegation constituting offences under S.C. /S.T. (Prevention of Atrocities) Act as the same may 2 prejudice the case of the parties. Having regard to the allegations, particularly, those contained under Section 3(1) (X) of the S.C/S.T (Prevention of Atrocities) Act, this court is not persuaded to extend the privilege of anticipatory bail to the petitioner. Petitioner may surrender and pray for regular bail in the court below and place all the facts which have been placed before this court which shall be considered on its own merit uninfluenced by the present order passed by this court in the present proceeding. With this observation the application is disposed of. Sym/ (Kishore K. Mandal, J.)