Shyam Yadav @Shyam Kant Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72246 of 2023 Arising Out of PS. Case No.-283 Year-2023 Thana- BAHERA District- Darbhanga ====================================================== SHYAM YADAV @SHYAM KANT ROY SON OF LATE RAJENDRA YADAV RESIDENT OF VILLAGE- RADHIYAN, PS- BAHERA, DISTDARBHANGA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Girish Chandra Jha For the Opposite Party/s :

Mr.Shyam Kumar Singh For the Informant Mr. Amarnath Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 07-11-2023 Heard the learned counsel for the petitioner and learned counsel for the informant.

2. The petitioner apprehends his arrest for the offences alleged under Sections 143, 341, 323, 308, 353, 385, 387, 379 and 504 of the Indian Penal Code, registered in connection with Bahera P.S.Case No. 283 of 2023.

3. As per the allegation, the petitioner along with other accused persons demanded ransom from the informant and, on refusal, they assaulted him and his staff.

4. The learned counsel for the petitioner has submitted that the petitioner is the Headmaster of the school in question and the informant is the proprietor of the construction

Patna High Court CR. MISC. No.72246 of 2023(2) dt.07-11-2023 2/3 Company which was engaged in construction of building of the school. The informant was using substandard materials in construction work which was opposed by the petitioner, due to which they falsely implicated the petitioner and his family members.

5. On the other hand, the learned counsel for the informant has submitted that the petitioner was demanding ransom from the informant and due to non-fulfilment of the demand, he and his family members assaulted the Munshi and other workers of the Company. He has submitted further that no written complaint has been given by the petitioner for substandard work.

6. Admittedly, the petitioner is the Headmaster of the school in question and due to objection made by him against the use of substandard material by the informant, he has been falsely implicated in this case.

7. Considering the above facts and circumstances, let the petitioner above-named, in the event of his arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Benipur, Darbhanga in

Patna High Court CR. MISC. No.72246 of 2023(2) dt.07-11-2023 3/3 connection with Bahera P.S.Case No. 283 of 2023, subject to the conditions as laid down under Section 438(2) Cr. P.C. (Nawneet Kumar Pandey, J) HR/- U T