IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No. 36376 of 2010 1. DEONATH RAI 2. GOBARI RAI 3. SHANKAR RAI Versus STATE OF BIHAR ----------- 02. 20.01.2011 Heard learned counsel for the petitioners and the State. Petitioners are alleged for causing assault to the informant and its brother and abusing them in name of their caste. Submission of the learned counsel for petitioners is that there is no specification about who among accused persons abused in name of informant or his brother’s caste, save and except, petitioner no. 1 and co-accused Bhagirath Rai. Theft is said ornamental, other offences are bailable. So, prayer of petitioner no. 1 for anticipatory bail stands rejected as not maintainable. However, petitioner no. 1 is at liberty to surrender in the court below and pray for regular bail, which shall be decided on its own merit without being prejudiced by this rejection order on the same day. So far as petitioner nos. 2 and 3 are concerned, they are allowed anticipatory bail. Accordingly, in the event of their arrest or surrender within a period of one month from the date of receipt/production of a copy of this order, the above named petitioner nos. 2 and 3 shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the 2 Chief Judicial Magistrate, Motihari, East Champaran in connection with Hajipur SC/ST P. S. Case No .205/2009, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Vikash (Mandhata Singh, J.)