Hasan Raza @ Md Hassan Raza v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5593 of 2021 Arising Out of PS. Case No.-443 Year-2018 Thana- GAYA KOTWALI District- Gaya ====================================================== Hasan Raza @ Md Hassan Raza, son of Late Yasin Ansari, resident of Village Jagdishpur, P.S.- Muffasil, District- Gaya (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Murad Ashraf For the Opposite Party/s :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 420 of the Indian Penal Code and Sections 63, 64, 65 of the Copyright Act.

It is alleged that on the basis of complaint

Patna High Court CR. MISC. No.5593 of 2021(2) dt.29-11-2021 2/3 made by the Supervisor of Emami India Limited, a raid was conducted in Kohinoor Printer situated in G.B. Road, Gaya whereby wrapper of 148 sheets of Navratan Oil each containing 4 pieces and wrapper of 126 sheets of Boro Plus each containing 4 pieces were seized. The petitioner happens to be the owner of the aforesaid Kohinoor Printer.

It is submitted by learned counsel for the petitioner that petitioner was not present when the raid was conducted. Moreover, the raid was conducted at 1:30 P.M in a busy commercial place but not any public of the vicinity has been made witness to the seizure list which creates doubt over the prosecution story. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on

Patna High Court CR. MISC. No.5593 of 2021(2) dt.29-11-2021 3/3 furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya, in connection with Kotwali P.S. Case No. 443 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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