Kapal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27098 of 2024 Arising Out of PS. Case No.-120 Year-2023 Thana- CHACKMEHSI District- Samastipur ====================================================== Kapal Kumar S/O Fudeni Ray R/O Village - Saidpur Ward No. 14, P.S. - Chakmehsi, District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rana Sanjay For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 419, 420, 467, 468 and 34 of the Indian Penal Code and Sections 63 and 65 of the Copy Right Act, 1957.

3. The allegation against the petitioner along with other co-accused person is that they engaged in the business of selling duplicate salts of Tata Company and upon raid total 180 packets of Salt (each one is of 1 kg) have been recovered from the shop of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Nothing incriminating

Patna High Court CR. MISC. No.27098 of 2024(2) dt.26-04-2024 2/2 article has been recovered from the conscious possession of the petitioner. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Similarly situated other co-accused person has already been granted bail by this Court vide order dated 10.01.2024 in Cr. Misc. No. 85811 of 2023. Moreover, the petitioner is languishing in judicial custody since 30.01.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6.Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Chakmehsi P.S. Case No. 120 of 2023 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 1st Class, Samastipur. (Sunil Kumar Panwar, J) Shubham/- U T