Binay Kumar Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30361 of 2022 Arising Out of PS. Case No.-197 Year-2022 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Binay Kumar Gupta, S/o- Nand Kishore Prasad Resident of Mohalla-Purani Munshafi (Near Panday Pustakalaya Gali), Nawadih Road, Ward No.-23, P.S.- Aurangabad Town, District-Aurangabad (Bihar) ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjit Kumar For the Opposite Party/s :
Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-11-2022 Heard learned counsel for the petitioner and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Aurangasbad Town P.S. Case no. 197 of 2022 instituted for the offence under Section 420 of the Indian Penal Code and section 63, 65 of the Copy Right Act.
As per allegation in the FIR, the informant got information that duplicate wire of Havells Company were being sold, after that three shops have been raid with Co-operation of Town Police by the informant and found some duplicate wire of Havells Company. It is further alleged that the petitioner was indulged in selling duplicate wire of said company from his
Patna High Court CR. MISC. No.30361 of 2022(2) dt.14-11-2022 2/3 shop namely, Binay Electric Goal Bazar and after searched four boxes of duplicate Havells wire were seized.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has got no criminal antecedent. It is further submitted vide para 6 of the petition that the petitioner is a shopkeeper of Electrical parts and the different material of different Companies have been purchased by the howker of different Company from which these are sent the electrical part on shop. He has not knowledge of quality of electric wire.
Learned APP appearing for the state has opposed the prayer of anticipatory bail.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Aurangabad Town P.S. Case no. 197 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Chief
Patna High Court CR. MISC. No.30361 of 2022(2) dt.14-11-2022 3/3 Judicial Magistrate, Aurangabad (Bihar) subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) amandeep/- U T