IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37239 of 2011 Anil Kumar Versus The State Of Bihar -----------
2 22-11-2011 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
The petitioner is in jail custody since 16-08-
2011 in a case registered under Sections-406, 420, 467,
468, 471, 120B of the Indian Penal Code and 43/66 of
I.T. Act.
According to prosecution case, Rs
10,50,328/- were transferred in the account of the
petitioner from Badodara, Gujrat and on the alleged date
of occurrence, the petitioner went in the concerned bank
and expressed his desire to withdraw the aforesaid
amount.
Learned counsel for the petitioner submits
that if the petitioner intended to withdraw the aforesaid
amount he would have certainly issued a cheque or fill up
a pay slip but neither any cheque nor any pay slip was
produced by the informant before the police and
therefore, aforesaid fact clearly goes to show that the
petitioner never expressed his desire to withdraw the
aforesaid amount from his account.
2
Taking into consideration the aforesaid facts
and circumstances of the case as well as submission of
the parties, let the petitioner, namely, Anil Kumar be
released on bail on furnishing bail bonds of Rs 10,000/-
(ten thousand) with two sureties of the like amount each
in connection with Muzaffarpur Town P.S. Case No. 430
of 2011 to the satisfaction of Chief Judicial Magistrate,
Muzaffarpur.
( Hemant Kumar Srivastava, J.)
AKVishwakarma