IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42475 of 2009 1. KRISHNA KAHAR 2. Bipin Kahar 3. Ram Pujan Kahar 4. Upendra Kahar 5. Kusum Devi 6. Chinta Devi Versus The STATE OF BIHAR ------ 4/ 01.07.2010 Heard learned counsel for the petitioners and learned counsel for the State. All the petitioners are alleged for assault with intention to kill followed by abuse in name of informant’s caste to humiliate him which is replied by the learned counsel that assault, if any, is of simple nature. Firing is shown shot by petitioner no.1 which did not hit. He has specifically been alleged for abuse in name of informant’s caste but rest of the petitioners are not so alleged. Previous enmity is shown by filing annexure-2 and a case lodged on behalf of the petitioner no.1. No doubt, shot of firing did not hit may be doubted for anticipatory bail but petitioner no.1 is also alleged for abuse in name of informant’s caste which according to the prosecution is to humiliate. Considering the facts and circumstances of the case, prayer of the petitioner no.1 is rejected and at the same time, prayer of the rest of the petitioners is allowed. 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 Karakat P.S. Case No. 143 of 2009 above named petitioners no. 2 to 6, shall be released on bail on furnishing bail 2 bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of S.D.J.M., Bikramganj (Rohtas) subject to the conditions as laid down under Section 438(2) of Cr. P.C. However, petitioner no.1 is directed to surrender before the Court below and pray for regular bail which shall be decided on merit without being prejudiced by the rejection order. shail (Mandhata Singh, J.)