IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5752 of 2010 1. LALAN YADAV SON OF LATE SHEO BHAJAN YADAV 2. MANOJ YADAV @ AJAY YADAV @ MANO KUMAR SON OF LALAN YADAV. Versus STATE OF BIHAR ----------- 2/ 19.04.2010 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in a case registered for the offence under sections 379, 504 and 323/34 of the Indian Penal Code. The informant alleged that these two petitioners have stolen the buffalo of the informant and when she asked to release it, the accused persons slapped her instead. She further alleged that the Chaukidar also sided with the petitioners. The petitioners submit that the informant has not approached the Gram Kachahari which is competent to decide offence under section 379 of the Penal Code, if the value of the stolen article does not exceed Rs. 10,000/-. In the instant case the value of the buffalo has not been mentioned. The petitioner submits that local the Chaukidar stated that the buffalo belongs to the petitioners. Considering the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioners. Their prayer for anticipatory bail is rejected. - 2 - However, if the petitioners surrender before the court below ( S.D.J.M., Bikramganj, Rohtas in Kachhawa P.S. Case No. 87 of 2008) and seek regular bail within six weeks from today, the same would be disposed of on its own merit , preferably on the same day, without being prejudiced by the order of this Court. As prayed for, let this order be communicated through fax at the cost of the petitioners. ( Samarendra Pratap Singh, J ) BTiwary/