Ranjeet Sah @ Ranjeet Shaw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30297 of 2023 Arising Out of PS. Case No.-21 Year-2023 Thana- AIRPORT District- Patna ====================================================== Ranjeet Sah @ Ranjeet Shaw Son of Sudarshan Sah Resident of Mohalla - Mazar Gali, Sheikhpura, P.S.- Shastri Nagar, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suraj Kumar For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-07-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 420 of the Indian Penal Code and section 103, 104 of the Trade Mark Act.

3. As per the prosecution case, informant who claims to be the Director of Alfa Intelligence Private Ltd. Co. is said to have conducted a raid in the shop of petitioner Inlizer carbon filter- 06 pcs. of Kent Company, 2 Inlizer Rudiment filter 04 pcs. of Kent Company, 3-3 pieces of SMPS of Kent Company 43 pcs. RO Machine looking like Kent RO machine.

4. It is submitted that informant is not authorized to conduct search and seizure and as such, the entire prosecution case is false and fabricated. It is not the case of prosecution that

Patna High Court CR. MISC. No.30297 of 2023(2) dt.17-07-2023 2/2 petitioner sold any goods using false trade mark or false description and as such, no case under Sections 103 and 104 of the Trade Mark Act is made out against this petitioner. Petitioner is bona fide businessman who runs business of selling spare parts of RO and the spare parts were purchased from different suppliers through genuine invoices. Petitioner claims clean antecedents.

5. Considering the facts aforesaid, the petitioner above-named, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Patna in connection with Hawai Adda P.S. Case No. 21 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T