Dheeraj Kumar Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15127 of 2019 Arising Out of PS. Case No.-201 Year-2018 Thana- GAMAHARIYA District- Madhepura ====================================================== Dheeraj Kumar Das Son of Shyam Das, Resident of Village - Gamharia (Bhagwat Chowk), Ward No.01, P.O. and P.S. - Gamharia, District - Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jainendra Kumar For the Opposite Party/s :
Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-03-2019 Heard both sides.
The petitioner apprehends his arrest in Gamharia P.S. Case No.201 of 2018 registered under Sections 63, 64 and 65 of the Copyright Act.
The gist of the allegation is that 765 pieces of bottles each containing 100 ml of Bio-Vita of P.I. Industries Limited Company and 12 pieces of its stickers were recovered from the shop of the petitioner.
Learned counsel for the petitioner submits that there is no allegation that the petitioner has manufactured the recovered articles. The petitioner had no knowledge about manufacturing of duplicate Bio-Vita and stickers. The dispute is with regard to violations of Copyright Act and the petitioner is not a
Patna High Court CR. MISC. No.15127 of 2019(2) dt.12-03-2019 2/2 manufacture rather the petitioner is a retailer. Having considered the facts aforesaid that there is no allegation against the petitioner that he was manufacturing duplicate Bio-Vita and stickers, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Madhepura in connection with Gamharia P.S. Case No.201 of 2018, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Harish/- U T