Patna High CourtCR. MISC./38123/2019bail granted

Kanhai Sao @ Kanhai Saw v. The State Of Bihar

2019-07-05Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38123 of 2019 Arising Out of PS. Case No.-182 Year-2019 Thana- SHERGHATI District- Gaya ====================================================== Kanhai Sao @ Kanhai Saw ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Singh, Advocate For the Opposite Party/s :

Mr.Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application praying for bail in connection with Sherghati (Dobhi) P.S. Case No. 182 of 2019 registered for the offence punishable under sections 63 and 65 of the Copy Right Act, sections 103 and 104 of the Trade Mark Act and section 420 of the Indian Penal Code. As per the allegation in the FIR, on raid being conducted by the informant, who happens to be the Vigilance Officer in Dabur Company, duplicate products of Dabur Company etc., was recovered from the house of the petitioner. It is submitted by learned counsel for the petitioner that the allegations in the FIR are false. No such incriminating article was recovered from either the possession or from the

Patna High Court CR. MISC. No.38123 of 2019(2) dt.05-07-2019 2/2 house or shop of the petitioner. The petitioner has no criminal history and he is in custody since 26.04.2019. The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the period of sentence prescribed under the relevant sections of the Copyright Act and Trade Mark Act and that the petitioner has no criminal antecedent, the petitioner named above 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 Additional Chief Judicial Magistrate, Sherghati, Gaya in Sherghati (Dobhi) P.S. Case No. 182 of 2019.

(Partha Sarthy, J) Prakash/- U T