IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25826 of 2010 KALPA KESHARI@ SIDHANTH KESHARI, son of Rajendra Keshari resident of village – Parwaha, P.S. Forbesganj, District – Araria. ------------ Petitioner. Versus THE STATE OF BIHAR ------------ Opposite Party ------- 02. 20.08.2010 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner is one of the several named accused persons named as members of the mob raising flood relief etc. during that course carries allegation of abusing the informant a member of scheduled castes. It is surprising how learned Sessions Judge in his order while refusing the prayer has not taken any care to examine whether provision of Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act is applicable or not in this case but simply without taking any further pain took shelter of Section 18 and disposed of the prayer. The case squarely covered under the decision of Jorgia Pentiah v. State of A.P. reported in 2009(1)BCCR 153(SC). Considering the facts and circumstances of the case, in the event of his arrest/surrender before the court below within four weeks of receipt of the copy of this order, petitioner, namely, Kalpa Keshari @ Sidhanth Keshari, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria, in connection with Forbeshganj P.S. Case No. 460 of 2008, subject to - 2 - condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below on each and every date at least for one year or till disposal of the case whichever is earlier, in case of failure on two consecutive dates, the liberty shall be deemed to be cancelled. Rajeev/ (Akhilesh Chandra, J.)