Dilip Kumar @ Dilip Kumar Kashyap v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16002 of 2023 Arising Out of PS. Case No.-601 Year-2022 Thana- SASARAM NAGAR District- Rohtas ====================================================== DILIP KUMAR @ DILIP KUMAR KASHYAP S/O LATE LAKHAN LAL Resident of Village- Karansarai, P.S.- Sasaram (Town), District- Rohtas. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok For the Opposite Party/s :
Mr. Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 63 of the copy Right Act, 1957 and Section 420 of the Indian Penal Code pending in the learned court below.
As per the prosecution case, petitioner is involved in the counterfeit cosmetic business using the brand name, Lakme. The informant purchased some items of Lakme products and on examination she found it bogus and counterfeit. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that there is no compliance of Section 100 Cr.P.C. and not independent witness have signed in the
Patna High Court CR. MISC. No.16002 of 2023(2) dt.17-05-2023 2/2 seizure list. He submits that without scientific investigation charge-sheet has been filed against the petitioner. He further submits that no independent witness have supported the prosecution case. He submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application. Per contra, learned APP for the State vehemently opposing the bail application and submitted that the allegation levelled as the petitioner is serious in nature. Hence, he does not deserve anticipatory bail.
Considering the nature of the offence, I am not inclined to enlarge the petitioner on bail in connection with Sasaram (Town) P.S. Case No. 601/2022. Accordingly, his prayer for anticipatory bail is hereby rejected. (Anjani Kumar Sharan, J) ajay/- U T