IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15601 of 2009 1. AJAY JHA @ AJAI KUMAR THAKUR 2. Amit Jha 3. Baja Jha Versus The STATE OF BIHAR ------ 2/ 06.05.2009 Heard learned counsel for the petitioners and learned counsel for the State. Submission of the learned counsel for the petitioners is that though petitioners have been alleged for causing assault and abusing in the name of the caste but that is against petitioner no.3 only and in continuation, he took out pistol and put on the person of the informant giving threatening not to alarm otherwise you would be killed. It clearly appears that abuse was not to humiliate, rather to give a threatening. That indicates that there was no presence of others, otherwise there could not be threatening to not alarm that mean to say that after the alarm there would be gathering of nearby people. Apparently, it is clear that the only non-bailable offence under Section 3(I)(x) of Scheduled Castes and Scheduled Tribes (Prevention of atrocities) Act does not appear to have been constituted. Considering the facts and circumstances of the case, the prayer of the petitioners is allowed. In the event of arrest or surrender within one month from today in connection with Phulparas P.S. Case No. 144 of 2008, above named petitioners 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 A.C.J.M., Jhanjharpur subject to the 2 conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh,J.)