Binod Kumar Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3089 of 2016 Arising Out of PS.Case No. -568 Year- 2013 Thana -PURNEA SADAR District- PURNIA ====================================================== Binod Kumar Jaiswal .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhinay Raj For the Opposite Party/s : Mr. Hirday Prasad Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-01-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 420, 406 and 384/34 of the Indian Penal Code and Section 104 of the Trade Mark Act. The prosecution case is that the informant is the manufacturer of 'Jhanda Hathi Chhap and Sidhi Binayak dye but the petitioner being the own brother of the informant used to sale duplicate dyes of the informant's brand.

It is submitted by learned counsel for the petitioner that the petitioner is the own brother of the informant and in view of partition in share dispute, the accusation has been levelled. There is nothing on record that the petitioner used to manufacture the duplicate dye in the name of informant's brand. Considering the nature of accusation arising out of

Patna High Court Cr.Misc. No.3089 of 2016 (2) dt.20-01-2016 2/2 partition dispute, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Purnea in connection with Sadar P.S. Case No. 568 of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T