Patna High CourtCR. MISC./55158/2018disposed

Md. Abdul Samad @ Md. Samad v. The State Of Bihar

2018-10-06Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.55158 of 2018 (2) dt.06-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55158 of 2018 Arising Out of PS.Case No. -452 Year- 2018 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ====================================================== Md. Abdul Samad @ Md. Samad, Proprietor of M/s Sania Electronics, S/o Md. Abdul Aziz @ Md. Aziz, R/o Mohalla- Bhikahpur Gumti No. 3, P.S.- Ishachak, District- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nafisuzzoha, Adv For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Section 420 IPC and Section 63/65 of the Copyright Act registered in connection with Kotwali P.S. Case No. 452 of 2018.

3. It is submitted that the petitioner has been falsely implicated on the allegation of selling non-genuine 'Toofan' fans. It is submitted that the petitioner is not a manufacturer rather being a registered dealer he has purchased 96 fans from M/s Durga Electric on 02.07.2018 against issuance of tax invoice upon payment of CGST and SGST (Annexure-3). The petitioner claims clean antecedents.

4. Having regard to the entirety of the facts and circumstances, as such, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of

Patna High Court Cr.Misc. No.55158 of 2018 (2) dt.06-10-2018 communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate Bhagalpur, in connection with Kotwali P.S. Case No. 452 of 2018 subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran U T