Pramod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30171 of 2023 Arising Out of PS. Case No.-15 Year-2023 Thana- DARBHANGA District- Darbhanga ====================================================== Pramod Kumar S/O- Prayag Mahto Mohalla Gumti No 26, Donar Road, Near Museum, Ps Town Kotwali O P, District Darbhanga ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Jha For the Opposite Party/s :

Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 420 of the Indian Penal Code and Section 63/65 of the Copy Right Act, 1957 pending in the learned court below.

3. As per the prosecution case, petitioner is involved in the selling of duplicate electronic articles of the companies.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the petitioner has a registered retailer shop in which the petitioner has purchased the said goods from Dealer of the said company, therefore the petitioner is no way knows that whether the goods are duplicate or not. He submits that petitioner is a small retailer shopkeeper, he started

Patna High Court CR. MISC. No.30171 of 2023(3) dt.17-08-2023 2/2 his business before two months. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

5. Per contra, learned APP for the State vehemently opposing the bail application and submits that in the entire case diary the witnesses have supported the prosecution case and 95 articles recovered from the shop of petitioner were duplicate. Hence, he does not deserve anticipatory bail.

6. Considering the nature of the allegation, I am not inclined to enlarge the petitioner on bail in connection with Town P.S. Case No. 15 of 2023. Accordingly, his prayer for anticipatory bail is hereby rejected.

7. However, if the petitioner surrenders before the learned Court below within a period of six weeks from today and seeks regular bail, the learned Court below would pass the order, preferably, on the same day, without being prejudiced by this order.

(Anil Kumar Sinha, J) ajay/- U T