Amin Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48176 of 2022 Arising Out of PS. Case No.-384 Year-2021 Thana- BASANTPUR District- Siwan ====================================================== AMIN ANSARI Son of Gani Ansari Resident of Mohalla- Brahmasthan, P.SBhagwanpur, Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Basantpur P.S. Case no. 384 of 2021 instituted for the offence under Sections 420, 120B, 34 of the Indian Penal Code, Sections 103, 104 of the Trade Marks Act and Section 63, 65 of the Copy Right Act.

Prosecution case relates to recovery of two counterfeit Bajaj Blower (Heater) from the petitioner's shop namely, M/S Gani Electrical & Bijali House.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. A statement has been made in para 3 of the petition that he has got no criminal antecedent. He has falsely been

Patna High Court CR. MISC. No.48176 of 2022(2) dt.15-12-2022 2/2 implicated in this case on the basis of mere suspicion. It is further submitted vide para 7 of the petitioner that the petitioner is a registered retail shop keeper as well as repairing establishment and he has no knowledge where the alleged seized heater was of having fake brand of Bajaj. He had taken the same under trust that those were produced of Bajaj. Learned APP appearing for the state has opposed the prayer of anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Basantpur P.S. Case no. 384 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) amandeep/- U T