IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16363 of 2009 1. GOPAL KRISHNA TIWARY 2. RADHY SHYAM TIWARY 3. RAJESH TIWARY ---------------- Petitioners Versus STATE OF BIHAR ----------- 2. 15.5.2009 Heard learned counsel for the petitioners and the State. The allegation is about abusing in name of the caste and causing assault followed by snatching of cash and wrist watch but allegation regarding abuse in name of caste is levelled against petitioner no.1. For theft it is said that it is super-added allegation and rest of the offences are bailable. Allegation made against the petitioners may not be serious in nature but anticipatory bail for the offence under S.C./S.T. (Prevention of Atrocities) Act is not maintainable which is only against petitioner nos.1 and 2. So their prayer for anticipatory bail is rejected. They are directed to surrender before the court below within one month and pray for regular bail which shall be decided on its own merit on the same day, without being prejudiced by the - 2 - rejection order. As about petitioner no.3, Rajesh Tiwary, in the event of arrest or surrender within one month from today, he shall be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur, Ara, in Charpokhary P.S.Case No. 6 of 2009, subject to the condition as laid down under section 438(2) Cr.P.C. (Mandhata Singh,J.) AI