IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29127 of 2008 BIRENDRA KUMAR SINGH SON OF LATE BHUNESHWAR PRASAD SINGH, RESIDENT OF VILLAGE-KADILPUR, P.S. JANDAHA, DISTRICT-VAISHALI Versus THE STATE OF BIHAR ----------- 2. 15.10.2008 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends arrest in a Police case under Sections 323 and other provisions of the Penal Code and Section 3(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Learned counsel submits that the occurrence has not taken place in public view. The allegations are of abusing by the caste name in the School premises in presence of three other persons also named in the F.I.R. itself. Nothing further is required to be discussed at this stage with regard to the applicability of the latter Act for the purpose of grant of anticipatory bail. The application is rejected. Consideration for grant of regular bail is completely different from that of grant of anticipatory bail. Whether there be any observation or not by this Court, the court below is expected to apply its mind accordingly and not act mechanically. The prayer of the counsel that the application for regular bail should be considered without being prejudiced goes without saying and no observation is required. AKS/ (Navin Sinha, J.)