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Patna High Court - Orders

Anurag Kumar Salarpuria @ Ballu & Anr vs The State Of Bihar on 31 July, 2018

Author: Vinod Kumar Sinha

Bench: Vinod Kumar Sinha

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.41795 of 2018
                     Arising Out of PS.Case No. -731 Year- 2017 Thana -BHAGALPUR KOTWALI District-
                                                        BHAGALPUR
                 ======================================================
                 1. Anurag Kumar Salarpuria @ Ballu,
                 2. Anuj Kumar Salarpuria, Both sons of Rajkumar Salarpuria, Resident of
                 Gurudwara Road, P.S.- Kotwali, District- Bhagalpur.

                                                                               .... ....   Petitioners
                                                       Versus
                 The State of Bihar.

                                                               .... .... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     : Mr. Syed Masleh-Uddin Ashraf
                 For the Opposite Party/s  : Mr. Binod Kumar 3
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA
                 ORAL ORDER

3   31-07-2018

Heard learned counsel for the petitioners.

Petitioners apprehend their arrest in connection with Bhagalpur Kotwali P.S.Case No. 731 of 2017 registered for the offences punishable under Sections 406, 409, 420, 467, 471 and 120B of the Indian Penal Code.

Allegation against petitioners is that they have encashed cheque for Rs.1 lakh of the informant, cheque book of which he has lost and further allegation is that they have withdrawn amount of Rs.21 lakhs through his cheque.

Submission of learned counsel for the petitioners is that the whole allegation appears to be improbable as informant has informed the Bank for his cheque book lost and in spite of that Patna High Court Cr.M isc. No.41795 of 2018 (3) dt.31-07-2018 2/2 Bank has not stopped payment.

Heard learned APP and learned counsel for the informant, who has opposed the prayer for anticipatory bail stating that petitioner No.1 has withdrawn the said amount by his own signature.

Having heard both sides and in the facts and circumstances, this application is disposed of with a direction to the petitioners to surrender within a period of six weeks from the receipt of this order and learned court below shall get the signature on the cheques verified by handwriting experts and if it is found that the signature is of the petitioner then the court below may pass an appropriate order. Till then petitioners may be released on provisional bail.

(Vinod Kumar Sinha, J) spal/-

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