Shardanand Singh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13931 of 2022 Arising Out of PS. Case No.-185 Year-2016 Thana- PIRO District- Bhojpur ====================================================== Shardanand Singh Yadav Son Of Nanhu Singh Resident Of Village - Haritola, Near Jitoura Market, P.S.- Piro, Distt.- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar Mr. Shardanand Singh Yadav For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 406, 420, 467, 468, 471 of the Indian Penal Code.

As per allegation in the FIR,the petitioner being the Secretary of Didi Mamta Banerjee Educational Society, Bihar, has dishonestly induced several unemployed people of Bihar and has opened several education centers where he has appointed them as Headmaster, teacher, chefs, etc. It is also alleged that the petitioner has promised to pay salary to

Patna High Court CR. MISC. No.13931 of 2022(4) dt.03-01-2023 2/3 them but since year 2014, he has not provided salary to them. The informant is also one of the victims from whom the petitioner has taken money for her employment and appointed her as Assistant teacher, husband of informant as headmaster and her mother in-law as cook at center no. 15, ward No. 20. But, the petitioner is not paying salary to them.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is also submitted that petitioner is languishing in judicial custody since 05.12.2021. It is further submitted that there is no evidence on record which shows that petitioner has either induced any person or has taken money from any person. It is also submitted that though it is alleged that since year 2014 salary was not given to the employees but the present case was lodged in year 2016, which goes on to show that after much concoction the present case has been lodged. It is further submitted that as far as Section 467, 468 and 471 of IPC is concerned, the same have been levelled only to give a strong

Patna High Court CR. MISC. No.13931 of 2022(4) dt.03-01-2023 3/3 color to the case and no document which could be termed as false document has yet been found in course of investigation nor any allegation have been levied in this respect. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Piro P.S. Case No. 185 of 2016 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Bhojpur, Ara.

(Sunil Kumar Panwar, J) nirajkrs/- U T