IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43578 of 2009 Bablu Sah @ Ran Vijay Kumar, son of Sri Sita Ram Sah, resident of Village-Darwan, Police Station-Mohania, District-Kaimur at Bhabhua. ……………………………………………..Petitioner. Versus The State of Bihar …………………………………..Opposite Party. ----------- 2. 14. 12. 2009. Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in connection with Mohania P.S. Case No. 66 of 2009, for offences registered under Sections 341, 323, 504 and 379/34 of the Indian Penal Code and under Section 3(1)(xi) of the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act. It is submitted that the alleged occurrence under the Provision of S.C. and S.T. Act is not attracted since the petitioner alleged to have stopped the weighing of rice of the informant on account of the fact that the informant was a member of the Scheduled Caste. It is also submitted that on perusal of Case Diary that at the time of alleged occurrence the witness named in the F.I.R. was not present, rather he reached the place of occurrence on the hue and cry being made by the informant and it is not an offence made against the aforesaid Act. The petitioner is however, alleged to have used abusing language by calling his caste name. The allegation of assaulting the informant is however, omnibus. Learned A.P.P. submits that the petitioner 2 objected for weighing of rice of the informant on being a member of Scheduled Caste. Considering the facts and circumstances of the case, petitioner, namely, Bablu Sah @ Ran Vijay Kumar, in the event of his arrest or surrender in the court below, shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhabhua, in connection with Mohania P.S. Case No. 66 of 2009, G.R. No. 301 of 2009, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. m.p. (Shailesh Kumar Sinha,J.)