IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27288 of 2009 SHIV BALAK YADAV,son of late Dukhi Yadav,resident of Dehura,P.S.-Nardiganj, District-Nawada. Versus THE STATE OF BIHAR ----------- 02/ 04-09-2009 Heard learned counsel for the petitioner and the State. Petitioner along with others has been alleged for coming to the informant’s village, damaging village people’s houses and household articles and abusing in the name of their caste and causing assault also while submission of the learned counsel for the petitioner is that though there was some incident, which occurred on the point of pouring colour on the occasion of Holi by the children but none whispered about abusing in the name of caste nor any assault was made with intention to kill, firing, if any, was shot that in air, nor any household article was taken away by the members of the mob, rather it can not be said that damaged. So, final form was submitted in the case by the Investigating Officer, even then cognizance has been taken and petitioner is apprehending his arrest for the offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act also, for which he has not been alleged. In the discussed and suggested 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 Nardiganj P.S.Case No.16/2004, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of the like amount 2 each to the satisfaction of Shri Subhash Uraon, Judicial Magistrate, Ist Class, Nawadah, subject to the conditions as laid down under sub- section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )