Gautam Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23334 of 2017 Arising Out of PS.Case No. -39 Year- 2017 Thana -MAHESHKHUNT District- KHAGARIA ======================================================

1. Gautam Kumar son of Wakil Prasad (Owner of New Bhagwat Motor Cycle Garage N.M. 31, Maheshkhunt) P.S. Maheshkhunt, District - Khagaria.

2. Sumit Kumar son of Fuleshwar Chaurasia (Owner of Gayatri Auto Mobile N.H. 31 Maheshkhunt) resident of Maheshkhunt, P.S. Maheshkhunt, District Khagaria.

3. Chhatish Chaurasia son of Siyaram Prasad (Owner of Bhagwati Auto Motor Cycle Part N.H. 31 Maheshkhunt) Resident of Maheshkhunt, P.S. Maheshkhunt, Distt. Khagaria.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : M/s Praveen Kumar Agrawal and Santosh Kumar Singh, Advs.

For the Opposite Party/s : Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-06-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in connection with Maheshkhunt P.S. Case No. 39 of 2017 registered for offence under section 63 of the Copyright Act.

Petitioners are said to have been vending duplicate spark plugs of Bosch Indian Company Limited and several duplicate spark plugs are said to have been recovered from their establishments.

It is submitted by the learned counsel for the

Patna High Court Cr.Misc. No.23334 of 2017 (3) dt.21-06-2017 2/2 petitioners that petitioners are quite innocent and have committed no offence and have falsely been implicated in the present case due to previous animosity. There is no material in the case diary indicating the complicity of the petitioners in the aforesaid offence and as such, no offence under section 36 of the Copyright Act is made against the petitioners. Seizure list also does not bear the signature either of the petitioners or their staff and family members.

Considering the facts aforesaid and the nature of allegation as made against the petitioners, the above named, petitioners, in the event of arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on their furnishing bail bond of Rs.10,000/-each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria in connection with Maheshkhunt P.S. Case No. 39 of 2017, subject to the condition as laid down under Section 438 (2) Cr. P.C.

(Prakash Chandra Jaiswal, J) Mahesh/- U T