IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.42391 of 2009 1. SURENDRA YADAV 2. Pappu Yadav, both sons of Bishwanath Yadav 3. Shatrughan Ram, son of Late Sugal Ram. Versus STATE OF BIHAR ----------- 2/ 16.02.2010 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in a case registered for the offence under Sections 325, 379, 384, 504/34 of the Indian Penal Code. Learned counsel submits that both the Deputy Superintendent of Police and Superintendent of Police have not found the allegations to be true under Sections 379 and 384 of the Indian Penal Code, on the contrary they found the case to be true under Section 325 of the Indian Penal Code. Learned counsel further submits that the allegation under Section 325 of Indian Penal Code would be made out against one Bijendra Yadav and not against this petitioner. Having heard the counsel for the parties, this application is disposed of with liberty that if petitioner will surrender and seek regular bail before the court below (Chief Judicial Magistrate, Saharsa in Bihra P.S. case no. 86 of 2009[ G.R. No. 1230 of 2009]) within six months of receipt of order there, the same would be disposed of on its own merit also taking into consideration that case under Section 379 and 384 of the Indian Penal Code was not found to be correct by Deputy Superintendent of Police and Superintendent of Police, Saharsa. Uday/ (Samarendra Pratap Singh, J.)