T. N. Yadav @ Abhishek Raman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52904 of 2018 Arising Out of PS. Case No.-147 Year-2018 Thana- NAUGACHIA DistrictBhagalpur ====================================================== T. N. Yadav @ Abhishek Raman son of late Binod Yadav Resident of Village - Rasalpur, P.S. Naugachiya, District - Bhagalpur. ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. N.K. Agrawal, Sr. Advocate.

Mr. Vikram Singh, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 24-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Section 384 of the Indian Penal Code registered in connection with Naugachiya P.S. Case No. 147 of 2018.

3. It is submitted that the petitioner has been falsely implicated owing to business rivalry as both petitioner as well as informant are running their respective buses on the same route. As a matter of fact, the settlement with respect to the concerned bus stand has been settled with one Subodh Kumar Suman on payment of Rs. 40,15,000/- (Annexure-2) and no complaint of any sort has been made by him with respect to the alleged extortion from other bus owners attributed to the petitioner. The three prior cases in which the petitioner has been made accused are of different nature and he is on bail.

4. Be that as it may, having regard to the entirety of

Patna High Court Cr.Misc. No.52904 of 2018(3) dt.24-01-2019 2/2 the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Naugachiya, Bhagalpur in connection with Naugachiya P.S. Case No. 147 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar/ U T