IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27945 of 2009 1. SURESH MAHTO 2. Mukesh Mahto 3. Ram Ekbal Mahto 4. Rakesh Mahto Versus The STATE OF BIHAR ----------- 3/ 23.12.2009 Heard learned counsel for the petitioners and learned counsel for the State. There is case and counter case as submitted in between the parties. Abuse in name of caste constituting offence under Section 3(1)(x) of the Scheduled Caste and Scheduled Tribes (prevention of atrocities) Act is also made available for which anticipatory bail petition is not maintainable but none is specified for the abuse. For another non-bailable offence under Section 436 of I.P.C., it is said that independent witnesses have already deposed that both the parties set their huts on fire to make the allegation serious otherwise also none is named with specification who set the hut on fire. Assaulted by means of fersa is upon Pasupathi Mahto who is not accused in the case. Though petitioner no.1 is also alleged for knife blow but case diary does not mention about any injury report. In other words, it can be said that injuries if were examined followed by report is neither verified by the I.O. nor collected. 2 Considering the facts and circumstances of the case, prayer 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 Kurhni P.S. Case No. 49 of 2009, above named petitioners shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Muzaffarpur subject to the conditions as laid down under Section 438(2) of Cr. P.C. Shail ( Mandhata Singh, J.)