IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46085 of 2009 1. JAY HIND PRASAD GUPTA, SON OF GOPAL PRASAD GUPTA. 2. SHANKAR SAW, SON OF BINOD SAW, BOTH RESIDENTS OF VILLAGE RAM TOLA BALU PAR, P.S. LAKHISARAI, DISTRICT LAKHISARAI. --- PETITIONERS Versus 1. THE STATE OF BIHAR --- OPPOSITE PARTY ----------- 2 5.3.2010 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. Petitioners are apprehending their arrest in a case under Sections 448, 341, 323, 354, 379 and 504/34 of the Indian Penal Code and under Sections 3 (x) (xi) of the S.C & S.T. (Prevention of Atrocities) Act. From the First Information Report it appears that the occurrence has taken place due to a land dispute between the parties and it is said that petitioner no. 1 has taken the caste name and abused the informant. Considering the view of this High Court in several cases that merely taking the caste name does not constitute an offence under the S.C. & S.T. Act, I direct that petitioners Jay Hind Prasad Gupta and Shankar Saw may be released on anticipatory bail in the event of their arrest or surrender within a period of six weeks in connection with S.C. and S.T. Munger P.S. Case No. 50 of 2009 on furnishing bail bonds of rupees ten thousand each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Lakhisarai subject to the conditions laid down under Section 438(2) of the Cr.P.C. Sanjay (Sheema Ali Khan, J.)