IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13314 of 2009 Yogendra Rai @ Turi Rai, son of Late Kirpal Rai, village Naga Tola, Goriya Asthan, Ps Maner, District Patna – Petitioner. Vs. 1) The State of Bihar, 2) Sukan Rai, son of Jitan Rai, village Daroga Rai Ka Dera, PS Revilganj, District Saran – Opposite parties. 2 6.10.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner has challenged the order, dated 20.2.2009 passed by the Additional Sessions Judge, F.T.C. II, Saran whereby and whereunder Criminal Revision No. 65/2008 has been rejected and the order, dated 13.2.2008 passed in Revilganj PS case No. 115/2006 rejecting the petitioner’s petition for release of the cattle was affirmed. An F.I.R. was lodged on 10.11.2006 alleging therein that the informant on 29.6.2006 had left the she-buffalo for grazing in the field. Thereafter the she-buffalo was recovered from the house of the petitioner in his absence. In the revision application filed in the court below the petitioner produced a receipt, dated 28.2.2006 showing that he is bona fide purchaser of the she-buffalo. It has also been submitted that at the time of seizure the petitioner was not present in the house and as such the receipt could not be produced and the entire prosecution would fail as the petitioner is in fact the bona fide purchaser of the she-buffalo. This aspect of the matter cannot be gone through at this stage and the documents of the petitioner can only be examined 2 during the trial for the purpose of holding that the petitioner was bonafide purchaser of the buffalos. This application is dismissed. haque (Sheema Ali Khan, J.)