IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17889 of 2009 1. GANESH SAH 2. Suresh Sah 3. Rakesh Sah 4. Shankar Sah 5. Laxmi Sah 6. Bachchu Sah 7. Nagendra Sah 8. Shiv Shankar Sah 9. Fekan Sah 10. Vishnandan Sah 11. Bindeshwar Sah 12. Nathuni Sah 13. Jayprakash Sah 14. Sanjiv Sah 15. Ajay Sah 16. Dilip Sah 17. Birendra Sah 18. Chalitra Sah Versus The STATE OF BIHAR ------ 3/ 15.09.2009 Heard learned counsel for the petitioners and learned counsel for the State. Submission of the learned counsel for the petitioners is that in the case there is allegation of setting a hut on fire. If that is used as a place of worship or as a place of human dwelling or as a place for custody of property then only offence under Section 436 I.P.C. is made out and then only the case could come for the offence under S.C. and S.T. (prevention of atrocities) Act, as there is no distinct act alleged for constituting that offence. For the burn hut, it is said that remained ash was lacking any substance leading to be used for worship or human dwelling or custody of property. Considering the facts and circumstances of the case, the 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 2 connection with Bajpatti P.S. Case No. 2 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 S.D.J.M., Pupri at Sitamarhi subject to the conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh, J.)