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Patna High CourtCR. MISC./37899/2015disposed

Pawan Yadav v. The State Of Bihar

2015-09-18Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37899 of 2015 Arising Out of PS.Case No. -371 Year- 2015 Thana -KHAGARIA District- KHAGARIA ======================================================

1. Pawan Yadav Son of Uchit Yadav Resident of village - Barmaha ( Brahma ), P.S. Choutham, District - Khagaria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mrityunjay Kumar, Advocate For the Opposite Party/s : Mr. Vinod Shankar Modi(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-09-2015 Heard learned counsel for the petitioner and the State.

Petitioner is apprehending his arrest in a case registered for the offences punishable under Section 420 of the Indian Penal Code, 63, 65 of the Copy Right Act and 102 of the Trade Mark Act.

The prosecution case is that on informant that the duplicate articles like cream pouch, hair oil, tooth paste of Hindustan Liver Company were being sold by Sanjeet Kumar raid was laid leading to recovery of duplicate products. It further transpired that Sanjeet Kumar used to sell the duplicate products in connivance with this petitioner, when from the area alleged to have been taken in rent by the petitioner also huge quantity of duplicate cosmetic articles were recovered.

It is submitted by the learned counsel for the

Patna High Court Cr.Misc. No.37899 of 2015 (2) dt.18-09-2015 petitioner that recovery has been made from the house of Ajay Kumar and there is nothing on record to suggest that the petitioner took it on rent hence, recovery cannot be treated from the possession of the petitioner. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent.

Let the learned court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Khagaria P.S. Case No. 371 of 2015, pending in the court of learned Chief Judicial Magistrate, Khagaria.

With the above observation this application is disposed of.

(Dinesh Kumar Singh, J) P.K./- U T