Tripurari Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31240 of 2024 Arising Out of PS. Case No.-683 Year-2023 Thana- BETTIAH CITY District- West Champaran ====================================================== Tripurari Kumar son of Dhani Lal Sah Village- Purani Gudari ward no 9, Police station-Kalibagh O P District- west Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brij Kishor Mishra, Adv.
For the Opposite Party/s :
Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-05-2024 Heard Mr. Brij Kishor Mishra, learned counsel for the petitioner and Mr. Anil Prasad Singh, learned Additional Public Prosecutor for the State.
2. Petitioner apprehends his arrest in connection with Bettiah (Town) P.S. Case No. 683 of 2023 registered under Sections 420/34 of the Indian Penal Code and Sections 63 and 65 of Copyright Act.
3. As per prosecution case, all the F.I.R. named accused persons including the petitioners were selling fake Fevikwik. On raid, 918 pieces of Fewikwik were recovered from the grocery shop of the petitioner.
4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely
Patna High Court CR. MISC. No.31240 of 2024(2) dt.20-05-2024 2/3 been implicated in the present case due to police mechanism. Further submission is that petitioner has no knowledge about original or duplicate Fevikwik and during course of raid, he also produced the original bills before the informant to check its veracity but without testing the veracity of the bills, this false and fabricated case has been lodged against the petitioner. Learned counsel further submits that today (20.05.2024) itself similarly situated accused persons have been granted privilege of anticipatory bail by this Court vide Cr. Misc. No. 31017 of 2024. It is lastly submitted that the petitioner has got clean antecedent.
5. Having considered the facts and circumstances of the case coupled with the fact that similarly situated accused persons have been granted privilege of anticipatory bail by this Court vide Cr. Misc. No. 31017 of 2024, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah (Town) P.S. Case No. 683 of 2023, subject to the conditions as laid down under
Patna High Court CR. MISC. No.31240 of 2024(2) dt.20-05-2024 3/3 Section 438(2) of the Cr. P.C (Prabhat Kumar Singh, J) perwez U T