Ramayan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30257 of 2020 Arising Out of PS. Case No.-430 Year-2019 Thana- JOGAPATTI District- West Champaran ====================================================== RAMAYAN YADAV S/o Late Ramnath Yadav Resident of Village- Nagawa Chowk, P.S.- Yogipatti, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amresh Kumar Sinha For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 420 of the Indian Penal Code, sections 103 and 104 of Trade Marks Act, 1955 and sections 63 and 65 of Copy Right Act, 1957.

The prosecution case in short is that the accused persons were involved in trade of fake medicines.

Patna High Court CR. MISC. No.30257 of 2020(2) dt.17-12-2020 2/2 It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The allegation is that the petitioner was involved in illegal trade of allopathic medicine. Allegations as alleged are denied by the petitioner in respect of the recovery of the different brand tags. It is submitted that there is no compliance of Section 100 Cr.P.C..

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran at Bettiah in connection with Yogipatti P.S. Case No. 430/2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T