Sanjay Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52816 of 2025 Arising Out of PS. Case No.-728 Year-2023 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== 1.
Sanjay Prasad S/o- Chetu Ray Village- Mohadipur Ps- Chirayia DistrictEast Champaran 2.
Kumanti Devi w/o- Sanjay Prasad Village- Mohadipur Ps- Chirayia DistrictEast Champaran 3.
Anima Devi W/o- Satyendra Kumar Village- Ratanpur Ps- Piprakothi District- East Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Rajnish Kumar S/o- Dharmnath Prasad Village- Mathiya Bariyarpur PsPiprakothi Dist- East Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Parvin Kumar, Advocate For the State :
Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-08-2025 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a complaint case registered for the offence punishable under Sections 420, 467 and 468 of the Indian Penal Code, Section 63 of the Copy Right Act and Sections 103 and 104 of the Trade Mark Act.
3. As per prosecution case, earlier, complainant and these petitioners worked together in a partnership but due to
2/4 separation of work, these petitioners have been keeping grievance against the complainant. Later, the complainant started his own business by registering the trade mark, logo and symbol in the name of CCSC AEPS Recharge B2B APP CCSC Private Limited Finance. It is alleged that these petitioners, without permission of the complainant and got their company registered and have been using the name, mark and logo of complainant's company, namely CCSC AEPS Recharge B2B APP CCSC Private Limited Finance, and causing huge damage to business of the complainant.
4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. Complainant and Petitioner No. 2 used to run a service provider company by the name of Champaran Common Service Centre Private Limited which was registered on 07.09.2017 and the complainant had worked in the said company as a Director but he left on 17.02.2021. The complainant was treasurer of one Samajik Jagriti Prayas Sansthan and Petitioner No. 1 was the secretary. Complainant fraudulently withdrew Rs. 3,00,000/- from account of the said Sansthan for which Petitioner No. 1 filed a complaint case before the learned Chief Judicial Magistrate, Motihari on
3/4 09.12.2022 vide Complaint Case No. 3092 of 2022 and in retaliation, this false and concocted case has been lodged. As a matter of fact, the name "CCSC" was used by the petitioners but the complainant applied for trademark in the same name on 03.06.2021, however, due to opposition of these petitioners, the trademark of the complainant was rejected and the trademark of petitioners' company was approved and as such, the petitioners have not used the name, mark or logo of complainant's company. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the facts and circumstances of the case, nature of accusation, case and counter-case between the parties and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Motihari in connection with Complaint Case No. 728 of 2023, subject to
4/4 condition as laid down under Section 482(2) of the B.N.S.S.. (Prabhat Kumar Singh, J) shashank/- U T