IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39198 of 2009 1. SHAMBHU PATEL 2. DAROGA PATEL 3. BHIKHARI PATEL 4. GURUCHARAN PATEL Versus STATE OF BIHAR ----------- 03 01.02.2010 Heard both sides. Petitioners, who are four in numbers, have approached this Court seeking anticipatory bail in a case instituted under diverse Sections of the Penal Code including Section 302 of the Penal Code as also under Section 3(i) (x) of the S.C. /S.T. (Prevention of Atrocities) Act. It is submitted that the specific allegation of assault is against one Kundan Patel. So far as the present petitioners are concerned, the allegations are general and omnibus in nature. Referring to the post-mortem report (Ext.2), it has been contended that the cause of death has been found to be cardio respiratory failure. Learned counsel for the petitioners by filing supplementary affidavit states that the Senior Police Officers have found in course of supervision of the case that the deceased was suffering from tuberculosis. This Court finds that there is allegation constituting offence under the S.C./S.T. ( Prevention of Atrocities ) Act. Any view expressed at this stage shall prejudice either the case of the petitioners or the prosecution. This Court, therefore, refrains from observing on the said issue. 2 Petitioners may surrender before the Court below and apply for regular bail, which shall be considered and disposed of by the Court below on their own merits uninfluenced by the present order passed by this Court in the present proceeding. With this observation, the application stands disposed of. Sym/ (Kishore K. Mandal, J.)