Brijnandan Chauhan v. The State Of Bihar

Patna High Court Cr.Misc. No.62586 of 2017 (2) dt.21-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62586 of 2017 Arising Out of PS.Case No. -105 Year- 2017 Thana -ARIYARI District- SEKHPURA ====================================================== Brijnandan Chauhan, Son of Munni Prasad @ Munni Chauhan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Prasad Singh For the Opposite Party/s : Mr. Sri Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-12-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Airyari (Kasar) P.S. Case No. 105 of 2017, registered under Sections 420, 406, 323 and 506 of the Indian Penal Code. The allegation of informant, Lalan Chouhan, is that petitioner, who is contractor of labourer supply at brick kiln, assured to the informant that marriage of his sister will be done, if he is ready to go with him for doing work at brick kiln in U.P. Thereafter, the informant went with the petitioner and did the work at brick kiln with his brother and wife and earned Rs.81,000/-. While the informant demanded his wages Rs.81,000/- to the petitioner but he did not pay the money. Learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.62586 of 2017 (2) dt.21-12-2017 informant and the petitioner are co-villagers and due to draining out of dirty water hot talk was exchanged due to that reason the informant managed to lodge the present case with false allegation about non-payment of Rs.81,000/-, which is said to be taken by the petitioner from the owner of brick kiln in lieu of labourers done by the informant.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Sheikhpura, in connection with Airyari (Kasar) P.S. Case No. 105 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T