IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.35870 of 2009 MD.JUBAIR AHMAD, son of Md. Asadullah, R/o Village – Dibara, P.S. – Nauhatta, Distt. – Saharsa …................ Petitioner Versus THE STATE OF BIHAR ………………..…… Opposite Party. ----------- For the Petitioner:- Mr. Pramod Mishra. For the State:- None. ----------- 2. 16.10.2009. Heard learned counsel for the petitioner. No body appears on behalf of the State. The petitioner has been made accused in a case registered under Sections 384, 386, 504, 323 of the Indian Penal Code. The allegation as per the F.I.R. is that on the pretext of opening an A/C in the Bank, the petitioner along with other accused person, Md. Sohrab Ali took signature and photograph of the informant on the Bank form, and on 29.12.2008 the informant went to the Bank concerned along with the petitioner and other accused, when those two persons withdrew Rs. 15,000/- from the Bank A/C of the informant and gave the money to the informant, but the pass-book was retained by the accused persons. On the following day, the petitioner along with other accused person came to the house of the informant and when the informant demanded the pass book, they 2 snatched Rs. 4000/- and threatened him not to disclose the happenings to anyone else he would be done to death. It is submitted on behalf of the petitioner that the alleged occurrence is of 29th/30th December, 2009 and the first information report was lodged on 13.02.2009, as such, there has been inordinate unexplained delay. It is further stated that ingredients of Sections 384/386 I.P.C. are not made out in the present case. Petitioner is stated to be in judicial custody since 09.08.2009. Having regard to the facts and circumstances of the case, I direct the petitioner, Md. Jubair Ahmad to be released on bail on his furnishing bond in the sum of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa in connection with Nauhatta P.S. Case No. 12/2009, subject to the condition that one of the bailors must be a close relative or family member of the petitioner. dk ( Dr. Ravi Ranjan, J. )