IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28218 of 2009 1. SHEIKH HASNAIN, son of Sheikh Kamil 2. Sheikh Kalam @ Abul Kalam, son of late Sheikh Khalil Both are residents of village-Bhabhta, P.S.-Sathi, Distt.-West Champaran----- ---------------------------------------------------------------------------Petitionbers. Versus STATE OF BIHAR ----------- 2. 15.9.2009 Heard learned counsel for the petitioners and the State. Petitioner no.1 is alleged for firing but hitting none. Petitioner no.2 is alleged for abusing in name of caste to the informant. So prayer made on his ( petitioner no.2’s ) behalf is rejected as finding the case under section SC & ST (Prevention of Atrocities) Act. However, petitioner no.2 is directed to surrender in the court below and pray for regular bail which shall be decided on merit without being prejudiced by this rejection order. So far prayer made on behalf of petitioner no.1 is concerned, it is allowed. In the event of arrest or surrender within one month from the date of communication of this order the above named petitioner no.1 shall be released on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the Chief Judicial Magistrate, Bettiah, West Champaran, in Sathi P.S. case no.4 of 2009 , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J )