Sk. Jahur @ Sk. Jahur Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2489 of 2019 Arising Out of PS. Case No.-335 Year-2018 Thana- SUGAULI District- East Champaran ====================================================== SK. JAHUR @ SK. JAHUR ALAM, S/o- Sk. Naimuddin, R/o Chhapwa, P.S. Sugauli, District East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Patanjali Rishi For the Opposite Party/s :

Mr. Surendra Prasad Singh (App 143) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 01.09.2018 in a case registered for the offences punishable under Sections 420, 467 and 468 of the IPC and Sections 63 and 65 of the Copyright Act, 1957.

The prosecution case, as per the informant, being the Chief Examiner, F.M.C. India Pvt. Ltd., submitted to the Station House Officer, Sugauli Police Station, is to the effect that a secret information was received that duplicate and fake pesticide i.e., being DuPont Coragen was being sold in the house of the petitioner. Whereupon, a raid was laid and duplicate and fake DuPont Coragen of 240 bottles of 60 M.L. each, 350 bottles of 30 M.L. each and 23 sheets of stickers were recovered from the

Patna High Court Cr.Misc. No.2489 of 2019(2) dt.21-01-2019 2/2 house of the petitioner.

It is submitted by learned counsel for the petitioner that the recovery has been made from a joint family house. It is further submitted that there is no chemical examination report available on record to suggest whether the seized pesticides was fake and duplicate. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP, submits that the recovery has been made from the house of the petitioner.

Considering the period of custody, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned C.J.M., East Champaran, Motihari in connection with Sugauli P.S. Case No.335 of 2018.

(Dinesh Kumar Singh, J) Deepak/Rahul/- U T