Mintu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49699 of 2024 Arising Out of PS. Case No.-101 Year-2024 Thana- CHAPRA TOWN District- Saran ====================================================== Mintu Kumar Son of Late Lalan Prasad R/o Mohalla- Mauna Daldali Bazar, P.S.- Chapra Town, District- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Singh For the Opposite Party/s :
Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-08-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Chapra Town Police Station Case No. 101 of 2024, disclosing offences under Sections 420 of the Indian Penal Code and Sections 63 and 65 of the Copy Right Act.
3. As per the First Information Report, lodged by the I.O. in I.P. Investigating Services Pvt. Ltd., on 19.02.2024, he received a secret information that duplicate C.V.P. Pipe of Ashirwad and Supreme Company was being sold by Gangotri Pipe Dealer owned by the petitioner. On the basis of said information, the informant along with Chapra Town police team and the Circle Officer raided the shop of the petitioner in the evening and found the duplicate pipes in the shop of the petitioner which were recovered and seized.
Patna High Court CR. MISC. No.49699 of 2024(2) dt.21-08-2024 2/3
4. Learned senior counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and the pipes in question were purchased by the petitioner on 17.12.2023 under invoice which is at Annexure 2 to this application. The genuineness of the pipes have not been ascertained by testing agency authorized to test such products and the informant, having no jurisdiction, has raided the shop of the petitioner inasmuch as he has failed to produce any authorization from the Ashirwad and Supreme Company for lodging the case against the petitioner.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that the allegation against the petitioner is based upon the documents/receipts and material seized for which custodial interrogation of the petitioner may not be necessary, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.49699 of 2024(2) dt.21-08-2024 3/3 satisfaction of learned Chief Judicial Magistrate, Saran at Chapra, in connection with Chapra Town Police Station Case No. 101 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) HarshPandey/- U T