Md. Ful Mohammad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27705 of 2020 Arising Out of PS. Case No.-179 Year-2019 Thana- KATHAIYA District- Muzaffarpur ====================================================== MD. FUL MOHAMMAD S/o Md. Jainul Haque @ Jainul R/o Village- Hardi, P.S.- Kathaiya, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh, Advocate.

For the Opposite Party/s :

Md. Aarif, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 24-11-2020 This matter has been taken up in virtual court. Let the defects be removed within 15 days of the start of the physical Court.

Heard the parties.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 103 and 104 of the Indian Trade Mark Act and Sections 63, 64 and 65 of the Copy Right Act.

The allegation against the petitioner is of violation of trade mark and copy right laws.

Submission is that the F.I.R. would reveal that no method of test was disclosed to establish that the recovered edible and other oil were bearing fictitious wrapper of the genuine name. Petitioner has got no criminal antecedent.

Patna High Court CR. MISC. No.27705 of 2020(2) dt.24-11-2020 2/2 Considering the facts aforesaid, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (rupees twenty 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 Kathaiya P.S. Case No. 179 of 2019, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T