IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12234 of 2009 SHABNAM YADAV @ SABNA YADAV Versus THE STATE OF BIHAR ----------- 2 21.5.2009 Heard learned counsel for the petitioner and learned APP for the State. Petitioner is in custody since 30th October, 2008 for the offence under sections 384, 387, 379/34 of the I.P.C. in relation to Bihpur ( Bhawanipur) P.S. Case No. 164 of 2006. Prosecution case is that on 14.7.2006 one Laddu Rai submitted a report alleging therein that on 29.6.2006 when he was transporting about 150 quintal of maize on a boat four persons including the present petitioner came there and took away bags of maize on a bullock cart. In this background the present case came to be registered. Learned counsel for the petitioner submits that the so called offence was committed on 29.6.2006 but the FIR came to be instituted on 14.7.2006 and that by itself being unexplained gives some suspicion on the authenticity of the allegation. He further submits that the parties have already entered into compromise during the pendency of this case. The Court is not very interested on the aspect of compromise but looking at the allegation and the period already spent in custody, let the petitioner, namely, Shabnam Yadav @ Sabna Yadav be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rs. Twenty thousand) with two sureties of the like - 2 - amount each to the satisfaction of Sri S. Chandra, Judicial Magistrate, 1st Class, Naugachia, District- Bhagalpur in connection with Bihpur ( Bhawanipur) P.S. Case No. 164 of 2006 subject to the condition that one of the sureties will be executed by the nearest family member of the petitioner on due identification. However, the petitioner is directed that he shall cooperate in the trial of the case and he shall not abscond. RPS (Ajay Kumar Tripathi,J.)