Sikendra Kumar @ Sikendar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33963 of 2024 Arising Out of PS. Case No.-71 Year-2024 Thana- KRITYANAND NAGAR District- Purnia ====================================================== Sikendra Kumar @ Sikendar Kumar Son of Parmeshwar Sah Resident of village - K. Nagar, Basha Tola, Police Station - K. Nagar, District - Purnea. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Ravindra Nath Dubey, Advocate For the State :
Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-05-2024 Heard learned counsels for the parties.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 420, 467, 468, 471 and 34 of the Indian Penal Code, Sections 103 and 104 of the Trade Marks Act and Sections 63 and 64 of the Copy Right Act.
3. As per prosecution case, some fake pesticides were recovered from the shop of father of the petitioner.
4. It is submitted by learned counsel appearing on behalf of the petitioner that only on suspicion, the pesticides recovered from the shop of father of the petitioner has been declared to be fake and it is yet to be testified in the laboratory. It is further submitted that as a matter of fact, some unknown
Patna High Court CR. MISC. No.33963 of 2024(2) dt.22-05-2024 2/3 customer purchased some articles from the shop and left a bag there and under the impression that the customer will return to take it, the petitioner kept it outside the shop and in the meantime, the raiding party arrived and seized the same from outside of the shop. It is also submitted that the shop in question is in the name of father of the petitioner who has already been granted regular bail by a Co-ordinate Bench of this Hon'ble Court and merely because this petitioner happens to be son of co-accused Parmeshwar Sah, he has falsely been implicated in this case. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail.
6. Considering the aforesaid facts and circumstances, nature of accusation and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner 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 learned Sub-Divisional Judicial Magistrate, Purnia, in connection with K. Nagar P.S. Case No.5118076240071 of 2024, subject to condition as laid down
Patna High Court CR. MISC. No.33963 of 2024(2) dt.22-05-2024 3/3 under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashank/- U T