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Patna High CourtCR. MISC./43313/2023allowed

Santosh Kumar Chaudhary v. The State Of Bihar

2023-08-04Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43313 of 2023 Arising Out of PS. Case No.-83 Year-2023 Thana- BENIPATTI District- Madhubani ====================================================== Santosh Kumar Chaudhary, Son Of Digambar Chaudhary, Resident Of Village- Basaitha Chowk, Ps- Benipatti, Distt- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Samrendra Kumar Jha, Advocate For the Opposite Party/s :

Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Benipatti P.S. Case No. 83 of 2023 registered for the offences punishable under Sections 420 of the Indian Penal Code and Section 63/65 of the Copy Right Act, 1957.

3. As per the prosecution case the allegation against the petitioner is that he used to sell duplicate items of the branded companies.

4. Learned counsel for the petitioner submits that petitioner is the owner of Maa Bhagwati Electrical Shop and used to sell the items of electrical items which are purchased from the other shop. He is not involved in selling of any duplicate items as alleged by the informant. Petitioner has no

Patna High Court CR. MISC. No.43313 of 2023(2) dt.04-08-2023 2/2 criminal antecedent.

5. Learned APP opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Benipatti P.S. Case No. 83 of 2023, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sunil Dutta Mishra, J) khushbu/- U