Ram Lakhan Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8106 of 2017 Arising Out of PS.Case No. -68 Year- 2016 Thana -BHAPATIYAHI District- SUPAUL ======================================================

1. Ram Lakhan Gupta, Son of Late Sunder Sah, resident of village - Sadanandpur, P.S. Bhaptiyahi, District - Supaul .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Sri Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-04-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Bhapatiyahi P.S. Case No. 68 of 2016 instituted for the offence under Sections-406, 420 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that he has already completed the work and an amount of Rs. 64,000/- is due to him. He made request with informant for payment of same then this FIR was lodged. The petitioner has annexed Annexure-2 with supplementary affidavit, issued by District Magistrate, Supaul, to the Secretary, Rural Development Department, stating therein that the brick kiln work and roof work has been completed and an amount of Rs. 64600/- was due to the petitioner. The petitioner made complain for non payment of dues

Patna High Court Cr.Misc. No.8106 of 2017 (4) dt.06-04-2017 2/2 amount before the Lokayukt (annexure-3 to the supplementary affidavit) and he was noticed to appear but he could not appear as he was in custody. The wife of petitioner had filed a petition on 11-01-2017 before the DPO, Saraigarh Bhaptiyahi requesting him to get payment of Rs. 64,000/- to her husband. Considering the above facts and circumstances of the case as well as submission of the parties, the prayer for regular bail of petitioner is allowed and the petitioner named above, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Bhapatiyahi P.S. Case No. 68 of 2016 to the satisfaction learned Chief Judicial Magistrate, Supaul subject to condition that both the bailors should be close relative of the petitioner who will swear an affidavit as to how they are related with the petitioner.

(Sanjay Priya, J) A.K.V./- U T