IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13257 of 2010 Shambhu Singh, son of Late Dukha Singh, resident of Village- Sisautia, P.S. Parihar, District-Sitamarhi. …………Petitioner. Versus The State of Bihar …………………… Opposite Party. For the petitioner :- Mr. Gopal Shankar, Advocate. Mr. Anirudh Kr. Sinha,Advocate. For the State :- Mr. Harendra Prasad, A.P.P. ----------- 2. 13. 05. 2010. Heard the parties. In a criminal prosecution primarily for offence under Section 409 of the Indian Penal Code, the petitioner is said to be husband of the member of the Panchayat Samitee and according to the F.I.R. vide Annexure-1, some food grains, which were left in the stock after distribution amongst the flood victims, were being attempted to be carried to some other place on a tractor by the accused persons including the petitioner. Co-accused Lalan Mishra, Panchayat Secretary of the Gram Panchayat, has lodged a counter case vide Annexure-2 against the present informant and others. It is submitted by the learned counsel for the petitioner that admittedly, the petitioner is not a public servant, as he is husband of a member of the Panchayat Samitee and there are case and counter case vide Annexure- 1 and 2 from both sides and further food grains in question admittedly could not be taken out to any other place rather only attempt is said to have been made by the accused persons. Be that as it may, in view of the fact that there are case 2 and counter case vide Annexure- 1 and 2 against both sides and apparently only attempt is said to have been made by the accused persons to carry the food grains in question to some other place, but they did not succeed, in that view of the matter, in the event of his arrest/surrender in the court below in connection with Parihar P.S. Case No. 105/07, within a period of four weeks from today, the above named petitioner shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. m.p. ( Birendra Prasad Verma, J.)