IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31087 of 2011 Sadhu Sharan Das @ Maharshi Yoganand, Chela of Late Mahanth Vivek Dasji Maharaj, resident of Mohalla-Kabir Vivek Mandir Panchshil Nagar, P.S.-Barh, District-Patan. Versus The State of Bihar ----------- 2. 14.09.2011 Heard learned counsel for the petitioner and learned counsel appearing for the State. The petitioner apprehends his arrest in connection with a case in which cognizance for the offence punishable under Sections 420, 406 and 323 of the IPC has been taken. It is alleged that the accused persons allured the complainant and the witnesses in order to get them employed in Muskan Project provided each of them pay a sum of Rs. 88,000/-. The complainant and witnesses being induced and allured paid the desired amount to the petitioner and in turn they were given appointment letters. The complainant and witnesses joined their assignments and worked for a considerable period. Later on, they realized that the project was a sham and they have been defrauded. The complainant and witnesses started demanding back the money handed over by them to the petitioner. They were threatened and ultimately driven out on 20.10.2010 and locks were put in the rooms of complainant and witnesses. It is submitted that the complainant hails from a very poor family background. He had been permitted to occupy a room without paying any rent to the Ashram to pursue his studies. But he fell into the company of Anti-social elements. The complainant 2 with the help of his friends was creating trouble and disturbing the peaceful atmosphere of the Ashram. The petitioner has no concern with any project, much less, the so-called Muskan Project. There is inordinate and unexplained delay of more than one year in setting the law in motion by filing a complaint case in question. The complaint is delayed by almost 12 days from the day, on which, it is alleged that locks were put in the rooms occupied by the complainant. Save and except the oral allegations, there is nothing to suggest that any payment was made by the complainant or the witnesses. It is also submitted that the petitioner has got no criminal antecedent. Taking into consideration the nature of allegation, let the petitioner, namely Sadhu Sharan Das @ Maharshi Yoganand in the event of his arrest or surrender before the Court below within a period of four weeks from the date of receipt/communication of this order, be released on bail on furnishing bail bonds of Rs. 5,000/- (Five thousand only) with two sureties of the like amount each to the satisfaction of the learned A. Rai, Judicial Magistrate 1st Class, Barh, Patna in connection with Complaint Case No. 673 (C) of 2010 subject to the conditions as laid down under Section 438(2) Cr. P.C. Sanjeet (Ashwani Kumar Singh, J.)