Ram Shankar Mishra v. The State Of Bihar
Patna High Court Cr.Misc. No.1108 of 2017 (2) dt.13-01-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1108 of 2017 Arising Out of PS.Case No. -626 Year- 2016 Thana -KANKARBAGH District- PATNA ====================================================== Ram Shankar Mishra, Son of Bisheshwar Mishra. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prem Kumar Jha, Advocate. For the Opposite Party/s : Mr. Sir Pawan Kumar Chaurasiya, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner is accused in connection with Kankarbagh P.S. Case No. 626 of 2016 registered under Sections 420, 467, 468 and 471 of the Indian Penal Code and Sections 63 and 65 of the Copy Right Act.
The accusation is that, on receiving the information about selling of duplicate materials of H.P. Company, informant being Enforcement Officer of H.P. Company reached at Patna on 22.10.2016 and raided the rented house of the petitioner. On search, 14 types of duplicate materials of H.P. Company were recovered from the rented house of the petitioner. Learned counsel for the petitioner submits that it would appear from the F.I.R. that at the time of search and seizure
Patna High Court Cr.Misc. No.1108 of 2017 (2) dt.13-01-2017 by the informant no any police official was present there and the informant being the employee of private company has no locus standi to conduct the raid of the shop or godown of the petitioner. It is further submitted that petitioner has no criminal antecedent and he is in custody since 22.10.2016 Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the J.M. Ist Class, Patna, in connection with Kankarbagh P.S. Case No. 626 of 2016. Out of two sureties, one surety must be the close relative of the petitioner.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T