Babita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29946 of 2021 Arising Out of PS. Case No.-9 Year-2021 Thana- BASOPATTI District- Madhubani ====================================================== Babita Devi W/O Surendra Sah R/O Village Basopatti, Bhanpatti Road, Ward No. 7 Ps Basopatti, District-Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash For the Opposite Party/s :

Mr. Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-07-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench. The petitioner seeks bail in connection with Basopatti P.S. Case No. 09 of 2021 registered for the offence punishable under Section 420 of the Indian Penal Code and Sections 63, 64 and 65 Copy Right and 103, 104 of Trade Mark Act.

Allegation against the petitioner is that petitioner in association with the other co-accused were engaged in making and selling of fake Tata company leaf of tea. On search huge amount of fake tea leaves were recovered by the informant. It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.29946 of 2021(2) dt.09-07-2021 2/2 petitioner has falsely been implicated in this case and has not committed any offence as alleged in the FIR. He submits that petitioner is illiterate lady and she is aged about 52 years and she has no knowledge regarding the said tea leaves are genuine or fake. He further submits that till now the police officials have not sent the tea leaves for testing regarding genuineness of the leaves and only on suspicion she has been falsely implicated in this case by police. No incriminating article has been recovered from her conscious physical possession. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has no criminal antecedent and has been languishing in custody since 09.01.2021.

Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Basopatti P.S. Case No. 09 of 2021.

(Anjani Kumar Sharan, J) GAURAV S./- U T