IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31331 of 2009 DHARO @ DHARO YADAV @ DHARMENDRA YADAV, S/o late Mahabir Yadav, resident of village N.A.C. Road, Khagaria, P.S. Kharagia, District Khagaria Versus STATE OF BIHAR ----------- Cr.Misc. No.33599 of 2009 MUNNA CHAURASIA, S/o Rajendra Prasad Chaurasia, resident of Mohalla Netagali, Andatola, Khagaria, P.S. Kharagia, District Khagaria Versus STATE OF BIHAR ----------- 3. 13.10.2009 Heard counsel for the petitioners and the counsel for the State as also the informant in both the cases. While there would be little doubt about taking place of the present occurrence, the varied manner of its taking place one in the version of the informant of these two cases and other coming out from the petitioner’s side would lead to at least this much of irresistible conclusion that it is some sort of business rivalry which has primarily weighed for institution of cases by both the sides. True it is that there is allegation of demanding Rangdari or even snatching some money by the petitioners but then as they come from the business rivals including the informant against whom the petitioners and others have also filed a 2 parallel case with some sort of similar allegation, this Court would be inclined to grant bail to both the petitioners. In this regard this Court has taken into the submission of Mr. Shakil Ahmad khan, learned Senior counsel, that even though paragraph 36 of the case diary mentions about two criminal cases as criminal antecedent of the petitioner Dharmendra Yadav, namely Khagaria P.S.Case No. 252/1991 and Khagaria P.S.Case No. 157/1993, the police did not submit any charge sheet in those two cases against the petitioner. He has further submitted that though the petitioner was also made accused in Khagaria P.S.Case No. 285/2002 but the same has ended in his acquittal vide a judgment dated 8th December, 2005. It is thus his contention that except one case mentioned in the F.I.R. i.e. Khagaria P.S.Case No. 220/2009 there is no other pending criminal case against the petitioner Dharmendra Yadav. Counsel appearing on behalf of the petitioner Munna Chaurasia submits that there is absolutely no criminal antecedent, 3 a fact which has been categorically stated and asserted in the bail application. Counsel for the informant, on the other hand, had tried to persuade this Court that the petitioners alongwith one Santosh Yadav are kingpins who usually indulge in such nefarious activities and therefore, they should not be enlarged on bail for the present, especially when the petitioner Dharmendra Yadav has a tendency to commit offences. Having considered the aforementioned aspects of the matter, this Court would give one last indulgence to petitioner Dharmendra Yadav to improve his behavior and to ensure that he is no longer made accused in any other criminal case. It is with this assurance being given by Mr. Khan that now onwards Dharmendra Yadav will not make himself liable for being made accused in any case that this Court would grant him bail with a condition that henceforth Dharmendra Yadav shall be regularly appearing before the Officer In- charge of Khagaria Police Station on every first and 16th of each and every month till 4 the conclusion of trial of the present case and that the petitioners Dharmendra Yadav as well as Munna Chaurasia will also regularly appear before the trial court at the time of trial of the case regularly and their failure to do so will automatically lead to cancellation of their bail. On the aforesaid conditions as also both of them furnishing bail bond of at least of one close family member, the abovenamed petitioners shall be enlarged on bail on their furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria in Khagaria P.S.Case No. 230/2009 (G.R.No. 779/2009). (Mihir Kumar Jha,J.) Surendra/