Raja Hussain @ Raza Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15771 of 2022 Arising Out of PS. Case No.-178 Year-2021 Thana- AANDAR District- Siwan ====================================================== RAJA HUSSAIN @ RAZA HUSSAIN SON OF SUJAV HUSSAIN @ MA SUNAV RESIDENT OF VILL- FIROZPUR, P.S- ANDAR, DIST- SIWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Madhuri Lata, Adv.

For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-08-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 420 of the IPC and sections 63 and 65 of Copy Right Act.

Allegation against the petitioner is of manufacturing and selling of fake products of Dabur, Tata and Rakit Banker Ltd. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in

Patna High Court CR. MISC. No.15771 of 2022(2) dt.11-08-2022 2/2 the manner as alleged, has ever taken place. Petitioner has neither been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. His name transpired in the case on the confessional statement of the co-accused apprehended at the place on occurrence. There is no compliance of section 100 of the Cr.P.C. Petitioner has no concern with the recovered fake products and he has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail by submitting that the fake products have been recovered from the house of the petitioner and he fled from the spot on seeing the police.

Having regard to the facts and circumstances of the case, since the petitioner is involved in manufacturing of fake products which can be hazardous for the consumers, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. This application is accordingly dismissed.

(Anjani Kumar Sharan, J) pallavi/- U T