IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15837 of 2010 1. PRATAP MAHTO SON OF SRI NEWASH MAHTO 2. JAYRAM MAHTO SON OF BHUNESHWAR MAHTO 3. KAMLESH MAHTO SON OF RAM MANGAL MAHTO 4. SANTOSH MAHTO SON OF RAM MANDAL MAHTO 5. RAMU KUMAR @ DHARMENDRA KUMAR MAHTO SON OF RAM MANGAL MAHTO 6. LAL BABU MAHTO SON OF SURAJ MAHTO 7. KANUNI MAHTO SON OF SURAJ MAHTO, ALL RESIDENT OF VILLAGE BHARIYA, P.S. SHAHPUR, DISTRICT BHOJPUR -- PETITIONERS. Versus STATE OF BIHAR—OPP. PARTY. ----------- 3/ 30-06-2010 Heard the parties. The petitioners apprehend their arrest in a case instituted under sections 147, 149, 341, 323, 324 and 506 of the Indian Penal Code as also under section 3 (1) (x) of the SC/ST ( P.O.A. ) Act. It is submitted that though the petitioners are named in the F.I.R. vide Annexure-1, as accused, but there is absolutely no allegation relating to any offence alleged to have been committed by the petitioners under the provisions of section 3 of the SC/ST ( P.O.A.) Act, save and except that the informant is said to be the member of the scheduled caste. In that view of the matter the present petition under section 438 Cr. P.C. is maintainable. It is further submitted that except the offence under section 324 of the Indian Penal Code, all other offences are either bailable or minor. In the F.I.R., vide Annexure-1, specific allegation of assault by rami and 2 spade is only against petitioner no.1, Pratap Mahto. So far as other petitioners are concerned, the allegations are general and omnibus in nature against them. In the facts and circumstances of the case, prayer for anticipatory bail made on behalf of petitioner no.1, Pratap Mahto, is rejected. He must surrender in the court below within a period of four weeks from today and seek regular bail, if so advised. However, so far as petitioners no. 2 to 7, namely, Jayram Mahto,Kamlesh Mahto, Santosh Mahto, Ramu Kumar @ Dharmendra Kumar Mahto, Lal Babu Mahto and Kanuni Mahto, are concerned, in the facts and circumstances of the case, in the event of their arrest or surrender in the court below within a period of four weeks from today, they shall be enlarged on bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur at Ara in Shahpur P.S. Case No. 46 of 2010, subject to condition as laid down under section 438(2) of the Cr. P.C. BTiwary ( Birendra Prasad Verma, J)