IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4140 of 2009 VERMA PANDEY @ NARENDRA PANDEY @ NARENDRA KUMAR PANDEY S/O LATE HEERA PANDEY, VILL. MOHARRAMPUR, P.S. GARKHA, DIST. SARAN. ------- PETITIONER Versus STATE OF BIHAR ------ OPP. PARTY. ----------- For the petitioner: Mr. Bishwajeet Singh, Advocate. For the State: Mr. C.Jawahar, APP. 02. 23.04.2009 Heard both sides. The sole petitioner seeks anticipatory bail in a case instituted under diverse Sections of the Penal Code including Section 307 of the Penal Code and Section 3(X) of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act (hereinafter referred to as the Act). The allegation against the petitioner is that he forming a group arrived at the house of the informant and thereafter at his instigation the other accused persons assaulted the informant and his mother. Further allegation is that in presence of a host of persons including the accused present there they were abused in the name of their caste. Further specific allegation against the petitioner is that he assaulted the mother of the informant with ‘lathi’ on head. Learned counsel for the petitioner submits that there is no injury report on record, so far as mother of the informant is concerned. It is further contended that going by the allegations 2 contained in the F.I.R., no case, so far as the present petitioner is concerned, is made out under Section 3 (X) of the Act. Learned counsel for the State, opposed the prayer and submits that the witnesses appear to have supported the allegations constituting offence under the Penal Code as well as under the S.C./S.T. Act as has been found by the learned Sessions Judge. So far as the allegation, constituting offence under Section 3(X) of the Act is concerned, any opinion, expressed by this court, may prejudice the case of the parties, and, as such, this court does not opine on the correctness or otherwise of the allegation. Considering the aforesaid facts, this court finds that no good case for grant of anticipatory bail has been made out. It is accordingly, dismissed. Sym/ (Kishore K. Mandal, J.)