IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11138 of 2010 DINESH RABIDAS son of late Chandeshwar Rabidas r/o village Mohamadpur, P.S. Aungari, Dist. Nalanda ……Petitioner. Versus STATE OF BIHAR…………………………………O.P. ----------- 2 27.4.2010 Heard the parties. Petitioner apprehends his arrest in connection with Aungari P.S. Case No. 45 of 2009 dated 02.11.2009 registered under sections 341, 504, 379 and 307 of the Indian Penal Code as also under section 3 (X) of the SC & ST (POA)Act. It is submitted by learned counsel for the petitioner that according to prosecution case co-accused Tinku Kumar is mainly alleged to have called the informant by caste name and, therefore, in view of ratio decidendi laid down by this Court in an unreported case of Sajjo and others Vs State of Bihar passed in Cr. Misc. No. 746 of 2010 and its analogous cases the provisions under section 3 of the said Act are inapplicable and therefore, the petition under section 438 Cr.P.C. filed on behalf of the petitioner is maintainable before this Court. On merit it is further submitted that petitioner is not specifically alleged to have assaulted the informant and specific allegation of assault is against other co-accused persons. However, there is general and omnibus allegation against all the accused persons of assaulting the informant causing injuries on his back and face. By referring to injury report as contained in annexure-2, it is submitted that the informant sustained only two injuries on his person and thereby the prosecution allegation stands contradicted and falsified, because in the FIR there are as many as five persons named as accused. - 2 - Learned counsel for the State, though opposed the prayer for anticipatory bail has not disputed the aforesaid position. In that view of the matter, let the above named petitioner in the event of his arrest or surrender in the court below within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of A.C.J.M, Hilsa, Nalanda in connection with the above noted case subject to the conditions laid down under section 438(2) Cr.P.C. ( Birendra Prasad Verma, J. ) M.Rahman