IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.45999 OF 2009 1. RAM SAGAR SAH, SON OF RAM DAYAL SINGH 2. MAHAVIR KUMAR SAH @ MAHAVIR SAH, SON OF RAM SAGAR SAH BOTH RESIDENT OF VILLGE BAKHRI, POLICE STATION SAKRA, DISTRICT MUZAFFARPUR ………………………………………………………………………PETITIONERS VERSUS THE STATE OF BIHAR ******** 2 05/03/2010 Heard learned Counsel for the petitioners and the A.P.P. appearing on behalf of the State. The petitioners are apprehending arrest in a case under Sections 415, 447, 341, 342, 323, 341 of the Indian Penal Code and Section 3 (1) (x) of the SC & ST (Prevention of Atrocities) Act . The occurrence has taken place due to a land dispute in which the informant has not succeeded in the proceedings against the petitioner under Section 144 of the Code of Criminal Procedure and under Section 16 (3) of the Bihar Land Ceiling Act. The allegation is that the petitioner abused the informant and thereafter took his caste name. Counsel for the petitioner submits that mere using the caste name does not amount to an offence under Section 3(1)(x) of the SC & ST (Prevention of Atrocities) Act as has been held by the various decisions of this Court. Considering the submissions aforesaid, the above named petitioners are directed to be released on 2 anticipatory bail in the event of arrest/surrender before the Court below within a period of six weeks from today in Sakra Police Station Case No. 391 of 2009 on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure. Anand ( Sheema Ali Khan, J.)