IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38219 of 2009 1. SANJAY SINGH,son of Tribhuwan Singh 2. Anil Singh,son of Prithivinath Singh Both resident of village-Musepur, P.S.-Basantpur,District-Siwan. Versus THE STATE OF BIHAR ----------- 03/ 24-12-2009 Heard learned counsel for the petitioners and the State. Submission of the learned counsel for the petitioners is that for the incident of the same day one day earlier a case was lodged on behalf of the petitioners’ side for the offence under Section 307 of the Indian Penal Code also in which petitioners received injuries on their head by Farsa blow. Dispute, if any, according to the FIR is due to removal of a hut meant for Astayam on the petitioners’ land. They refused to remove the same, brutally assaulted the petitioners even by means of Farsa and further after one day of petitioners’ FIR this case has been lodged making the allegation of abuse in the name of the informant’s caste to humiliate him. According to the learned counsel assault was one sided by informant’s hand. If its reply is accepted then also injuries found on the person of informant is superficial type and the person found stronger in quarrel will face humiliation can never be believed for constituting the offence under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act which I agree. In the suggested and discussed facts and circumstances, this petition for anticipatory bail is allowed. In case of arrest or surrender within one month from the date of receipt/production of a copy of this order in Basantpur P.S.Case No.21/2009, the above named 2 petitioners shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )