Bablu Keshri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9633 of 2025 Arising Out of PS. Case No.-494 Year-2024 Thana- MALSALAMI District- Patna ====================================================== Bablu Keshri Son of Late Rajendra Prasad Resident of Mohalla- Hajiganj Aaga Hussain Ka Chauraha, Post Office- Patna City, Police Station -Chowk, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar Singh,Advocate For the Opposite Party/s :

Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 08-05-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Malsalami P.S. Case no.494 of 2024 registered under section 318(4) of the B.N.S and Sections 63 and 65 of the Copy Right Act.

3. The prosecution case is that the petitioner Bablu Keshri is making Apple Damar Dhuna of 1 kg packet which is the product of Namaya Trading Company and is hence causing breach of copyright.

4. Learned counsel for the petitioner submits that due to communication gap, brand name of the informant was used by the petitioner which was not intentional and petitioner had rather applied for the trade mark. It has further been submitted that

Patna High Court CR. MISC. No.9633 of 2025(3) dt.08-05-2025 2/2 matter in any case has been compromised between the petitioner and the informant. Learned counsel for the petitioner submits that the offences under the Copy Right Act are bailable and no offence under Section 318(4) of the B.N.S is made out in the facts of the case. The petitioner has no criminal antecedent and undertakes to cooperate in the case/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Taking into consideration the entire facts and circumstances of the case, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Malsalami P.S. Case no.494 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Judge-IV-cum-Addl. Chief Judicial Magistrate-IV, Patna City, Patna subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023. (Soni Shrivastava, J) Harsh/- U