IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19331 of 1998 1. CHANDRA MOHAN YADAV 2. KRISHNA YADAV, BOTH SONS OF SRI BASUDEO YADAV, R/O VILLAGE-JAITIPURBARA P.S. KAKO IN THE DISTRICT OF JEHANABAD…………..PETITIONERS Versus 1. STATE OF BIHAR 2. SHAMBHU SINGH SON OF SRI LAKSHMAN SINGH, R/O VILLAGE CHULHANBIGHA, P.S. KURTHA, IN THE DISTRICT OF JEHANABAD ---------- For petitioners- Mr. Akhileshwar Prasad Singh, Advocate Mr. Sunil Kumar Singh, Advocate Fore State- Mr. Lala Kailash Bihari, Sr. Advocate. ---------- 09-Apr-2010 Heard learned counsel for the petitioner and perused the order under challenge dated 20th July, 1998 passed by learned Judicial Magistrate, 1st Class, Jehanabad in T.R. No. 498 of 1998, arising out of Kako P.S. Case No. 136 of 1995 (G.R. Case No. 1324 of 1995). 2. By the impugned order the petitioner has been directed to deposit a sum of Rs. 8,500/- in the Civil Court Nazerath, Jehanabad because a she-buffalo and her calf were not produced and handed over to the claimant in violation of indemnity bond furnished by the petitioner. The defence of the petitioner was that she-buffalo died on 23.03.1998 and allegedly a postmortem examination was conducted by a Mobile Veterinary Officer, Tehta on 2 24.03.1998. 3. The learned Magistrate has considered various orders passed by him as well as by the Revisional Court and this Court in the past and also the fact that such defence was not taken at the earlier time and the first report of the Police Officer showed that the petitioner had sold the she- buffalo against the terms of the indemnity bond furnished by him to the court. 4. On an appraisal of the reasons and materials, it is found that the learned Magistrate has passed a correct order and it requires no interference, particularly in exercise of extraordinary inherent power under Section 482 of the Cr.P.C. Hence, this application is dismissed. perwez (Shiva Kirti Singh, J.)