IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43816 of 2009 1. PRATIK KUMAR SINGH 2. SUMAN KUMAR SINGH 3. BHUTANI KUMAR SINGH @ BHUTAN KUMAR SINGH 4. DHIRU SINGH @ DHIR SINGH @ RANDHIR SINGH 5. SATYENDRA SINGH 6. TUNTUN SINGH 7. SHAKTI SINGH @ SHAKTI KUMAR SINGH -------------------- PETITIONERS Versus THE STATE OF BIHAR ----------- 3 16.2.2010 Heard learned counsel for the parties. Section 436 IPC is said not applicable as no such burnt article was found to establish that burnt hut was meant for human dwelling or place of worship or for the custody of property. For abuse in name of caste to humiliate is said improbable as same is said to be given while informant party were in group and majority but that can be considered when prayer is maintainable that is followed by firing, causing injury to several members of the informant party. If injuries are superficial can also be taken into consideration in regular side. Thus, having regard to the facts and circumstances of the case, prayer for 2 anticipatory bail is rejected. However, petitioners are directed to surrender and move for regular bail which shall be decided on its own merit. AI ( Mandhata Singh, J.)