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Patna High CourtCR. MISC./17398/2023allowed

Md. Aftab Aalam v. The State Of Bihar

2023-05-16Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17398 of 2023 Arising Out of PS. Case No.-793 Year-2022 Thana- KANTI District- Muzaffarpur ====================================================== 1.

Md. Aftab Aalam Son Of Md. Sagir Ansari R/O Vill.- Pachamba, P.S.- Ohari, Distt.- Nawada, Presently Residing At Vill.- Mohna, Near Housing Board, Bairiya, P.S.- Kanti, Distt.- Muzaffarpur 2.

Md. Nausad Son Of Md. Qayoom R/O Vill.- Palsa Khurd, P.S.- Chandradeep, Distt.,- Jamui, Presently At Vill.- Mohna, Near Housing Board, Bairiya, P.S.- Kanti, Distt.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for grant of regular bail in connection with Kanti P.S. Case No. 793 of 2022 registered under sections 406, 409, 420, 467, 468 and 120(B) of the Indian Penal Code and Sections 63, 103 and 104 of the Copyright Act.

Allegation against the petitioners along with other co-accused persons is that they used to sell and

Patna High Court CR. MISC. No.17398 of 2023(2) dt.16-05-2023 2/3 manufacture duplicate oil in the name of Castrol mobil oil.

Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case due to enmity and local politics. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have no concern with the place from where the recovery was made. During investigation, no any cogent material came against these petitioners to implicate in this case. A statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent. Moreover, they are languishing in judicial custody since 20.11.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the

Patna High Court CR. MISC. No.17398 of 2023(2) dt.16-05-2023 3/3 petitioners, the Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Kanti P.S. Case No. 793 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each of them with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Muzaffarpur (West). (Sunil Kumar Panwar, J) Shageer/- U T