Lalji Chauhan @ Laljit Chauhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2545 of 2024 Arising Out of PS. Case No.-352 Year-2023 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== LALJI CHAUHAN @ LALJIT CHAUHAN SON OF LATE WAJIR CHAUHAN RESIDENT OF VILLAGE - ORAINA, P.S. - MESKAUR, DISTRICT - NAWADA ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
Bigan Chauhan Son of Raja Ram Chauhan R/o vill - Barhauna, P.O. - Barhauna, P.S. - Hisua, distt. - Nawada ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Ranjan Kumar For the Opposite Party/s :
Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-07-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State along with learned counsel appearing on behalf of the O.P. No.2.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 420, 406, 409, 323, 324, 506 and 34 of the Indian Penal Code but cognizance has been taken under sections 341, 323, 504, 420 and 34 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the O.P. No.2. It is next submitted that O.P. No.2 had taken a loan of Rs.1,50,000/- from
Patna High Court CR. MISC. No.2545 of 2024(4) dt.11-07-2024 2/3 the petitioner with a condition that he will work for him at his brick kiln but the O.P. No.2 after taking the money left the work and went to work at some other place and when petitioner demanded his money back, the instant false complaint case came to be instituted that petitioner after taking work from the O.P. No.2 at his brick kiln has not paid his due amount of Rs.2 lacs and odd. It is next submitted that even the petitioner had instituted Complaint Case No.373/2023 against the O.P. No.2. It is further submitted that even presuming what has been alleged is true without admitting then the dispute is purely civil to which a criminal colour has been given and if the O.P. No.2 is aggrieved by the act of petitioner in that event he has remedies to approach the designated authority in accordance with law.
4. Learned A.P.P. for the State along the learned counsel appearing on behalf of the complainant opposes the prayer for anticipatory bail of the petitioner but then are not in a position to rebut the submission of the learned counsel for the petitioner that the dispute is purely civil to which a criminal colour has been given.
5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below
Patna High Court CR. MISC. No.2545 of 2024(4) dt.11-07-2024 3/3 within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Complaint Case No.C-352/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) amit/- U T