IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8712 of 2010 RAJNISH Versus The STATE OF BIHAR ------ 2/ 16.04.2010 Heard learned counsel for the petitioner and learned counsel for the State. Place of occurrence is Barauni Refinery. Persons present at 10.13 P.M. are petitioner, informant, Binod Chaudhari and Santosh Kumar. For the incident, three first information reports were lodged. One by the informant, second by Santosh Kumar (Annexure-2) and third one by this petitioner, for which there is allegation about assault followed by abuse also. If petitioner’s abuse was in name of informant’s caste to humiliate him then no anticipatory petition is maintainable, but next F.I.R. filed by Santosh Kumar against this petitioner does not mention abuse to the informant in his caste’s name, though allegation of assault is common to the informant and Santosh Kumar. A single neutral person is Binod has also not supported the abuse in name of informant’s caste. In any case if there was abuse in name of informant’s caste that cannot be said in public view or public hearing as none of the present persons heard the same and it was quite within premises of Barauni Refinery. Considering the facts and circumstances of the case, prayer of the petitioner is allowed. In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order in 2 connection with Begusarai S.C/S.T. P.S. Case No. 25 of 2009, above named petitioner 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 C.J.M., Begusarai subject to the conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh, J.)