IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11931 of 2010 Braj Mohan Dubey @ Brij Mohan Dubey, son of Late Parsuram Dubey, resident of Village- Kalyanpur, P.S. Bariyarpur, District-Munger…………………Petitioner. Versus The State of Bihar ……………………..Opposite Party. For the State :- Mr. Mritunjay Kumar ‘Nirala’A.P.P. ----------- 2. 30. 04. 2010. Heard the parties. In a criminal prosecution for offence under Sections 354/323 and other bailable offences under Indian Penal Code as also under Section 3 (1) (x) & (xi) of S.C. and S.T. (Prevention of Atrocities) Act, it is submitted that petitioner and other accused persons are alleged to have called the members of the prosecution party by their caste name and further alleged to have assaulted them by fist and slaps etc. It is submitted that all offences under Penal Code are bailable and the offences under Sections 3 (1) (x) & (xi) of S.C. and S.T. (Prevention of Atrocities) Act are inapplicable in view of ratio decidendi laid down by this Court in an unreported case of Sajjo & others Vrs. State of Bihar passed in Cr. Misc. No. 746/2010 and its analogous cases. Therefore, this petition under Section 438 Cr.P.C. is maintainable. In view of facts and circumstances of the case, in the event of arrest/surrender in connection with Munger S.C. S.T. P.S. Case No. 135/09 within a period of four weeks from today, the petitioner, namely, Braj Mohan Dubey @ Brij Mohan Dubey, shall 2 be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Shree M. K. Sinha, Judicial Magistrate, Ist Class, Munger, subject to the conditions as laid down under Section 438(2) of Cr.P.C. m.p. ( Birendra Prasad Verma, J.)