Manoj Kumar Biswas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.723 of 2022 Arising Out of PS. Case No.-806 Year-2021 Thana- FORBESGANJ District- Araria ====================================================== 1.

MANOJ KUMAR BISWAS Son of Brahamanand Biswas Resident of Village - Madhubani, P.s.- Forbisganj, Distt.- Araria (Bihar) 2.

Niraj Kumar Singh Son of Umesh Singh Resident of Village - Madhubani, P.s.- Forbisganj, Distt.- Araria (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Advocate Mr. Nishant Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-01-2023 Heard learned counsel for the parties.

The petitioners have preferred this application for grant of regular bail in a case registered under sections 420, 406, 419, 467, 468, 471 and 34 of the Indian Penal Code. As per the prosecution case, the allegation against the accused is of running forged private organization in the name and style of M/s Bhishma Service Pvt. Ltd. It is stated that the same was illegally engaged with dishonest intention to cheat the public with the promise to provide them employment. On inspection, several receipts/documents etc. were found for employment as well as admission in MBA, Polytechnic College etc. Money was also taken for providing employment. Several

Patna High Court CR. MISC. No.723 of 2022(4) dt.17-01-2023 2/3 documents, papers, receipts, note books etc. were recovered as well as blank forms of P.M. Kisan Khadya Yojana besides registers and money receipts.

It is submitted by learned Senior counsel appearing for the petitioners that the petitioners have been falsely implicated in the case. The complainant wanted some illegal work to be done and on the petitioners backing out, they were falsely implicated in the case. Even the complainant has subsequently withdrawn her complaint as would be evident from page no. 17 of the petition. Referring to paragraph no. 7 of the petition it is submitted that the petitioners are duly authorized franchise of Popcorn Info-tech Pvt. Ltd. and are providing several services to the general public. No offence is made out against the petitioners. They are in custody since 7.10.2021 and have no criminal antecedent. It is lastly submitted that the evidence is mainly documentary in nature and the same has already come in possession of the authorities concerned and chargesheet has been submitted in the case. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the allegations against the petitioners wherein they are said to have been running forged private organization, obtaining

Patna High Court CR. MISC. No.723 of 2022(4) dt.17-01-2023 3/3 money on the promise of providing employment and admission to various institutions besides benefits under the different schemes of the Government, the Court is not inclined to enlarge the petitioners on bail and the application is rejected.

Liberty is granted to the petitioners to renew their prayer for bail after six months or on framing of charge, whichever is later. (Partha Sarthy, J) Bibhash/- U