Arvind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39109 of 2016 Arising Out of PS.Case No. -153 Year- 2016 Thana -DESARI District- VAISHALI(HAJIPUR) ====================================================== Arvind Kumar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dilip Kumar Roy For the Opposite Party/s : Mr. Sri Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 17-09-2016 Heard the learned counsel for the petitioner and the learned A.P.P. also.

The petitioner, Arvind Kumar, is in custody since 21.07.2016 in Desari (Sahdel O.P.) P.S. Case No.153 of 2016 under Section 63/65 of the Copy Right Act, Section 103, 104 Trade Mark Act and 420 IPC.

According to the prosecution case, one cartoon of duplicate Dabur Amla Oil were recovered from the shop of the petitioner. The learned counsel for the petitioner submitted that the petitioner is a simple villager and run a cosmetic shop in the village. He himself had no knowledge as to why it is duplicate or not. No information has been obtained by the police prior to arrest of the petitioner and / or prior to seizure of the Amla oil. According to the act, the officer not below the rank of DSP

Patna High Court Cr.Misc. No.39109 of 2016 (2) dt.17-09-2016 2/2 seized the Article whereas in the present case only on suspicion, the oil has been seized. Still no information has been obtained. In view of the above facts and circumstances of the case, I direct that the above named petitioner be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Vaishali at Hajipur in connection with Desari (Sahdel O.P.) P.S. Case No.153 of 2016. (Mungeshwar Sahoo, J) Sanjeev/- U T