Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5336 of 2024 Arising Out of PS. Case No.-574 Year-2023 Thana- JAKKANPUR District- Patna ====================================================== RAJA KUMAR Son of Late Krishna Prasad Resident of Village-Indiranagar Road No. 4, Doon Public Schhol, P.S.-Jakkanpur, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rishi Sinha Sinha For the Opposite Party/s :

Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 420 of the Indian Penal Code, 63 of the Copy Right Act and Sections 103/104 of the Trademark Act.

3. The allegation against the petitioner is that he was selling fake goods as the same alleged fake goods have been seized from the shop and factory of the petitioner.

4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case on account of business rivalry. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. As a matter of fact, while the search was made the petitioner was present at his shop but

Patna High Court CR. MISC. No.5336 of 2024(2) dt.22-02-2024 2/2 he was not arrested from the shop, which creates suspicion about the prosecution case. It is further submitted that there is violation of Section 100 (4) Cr.P.C. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. 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. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Jakkanpur P.S. Case No. 574 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T