Ashwani Kumar @ Sonu Jee v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63275 of 2024 Arising Out of PS. Case No.-7 Year-2024 Thana- WARISNAGAR District- Samastipur ====================================================== Ashwani Kumar @ Sonu Jee S/o Shambhu Nath Gupta Resident of Ward no. 24, Sitaram Press, Pethiya Gachhi, Muktapur, P.S. Warisnagar, District Samastipur, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rana Vikram Singh, Advocate For the Opposite Party/s :
Mr. Anil Kumar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-09-2024 Heard learned counsel for the petitioner and the State .
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 486, 487, 420, 272, 273 , 467, 468 and 120 B of the Indian Penal Code 1860 and Sections 51 , 63 , 64 and 65 of Copyright Act 1957 and Sections 103 and 104 of Trade Marks Act 1999.
3 . As per prosecution case , 78 bags Taza Gold, 18 bags Tik - Tok Salt have been recovered from the shop of this petitioner and after examination , the same were declared
Patna High Court CR. MISC. No.63275 of 2024(2) dt.25-09-2024 2/3 duplicate .
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case . Petitioner is merely a wholesale dealer who deals in salt under the trade name of Bayahut Traders and the companies who manufactured the salt do not belong to this petitioner. From bare perusal of F.I.R., it is apparent that the registered address of Tik - Tok Salt Manufacture Gandhidham Salt and Chemical Industries is plot No. 97 / 98 G.I.D.C. Halwad , District - Sulendra Nagar, Gujarat, Titan Sakhti Salt Manufacture Edwise at Khesra No. 787, Railway Siding. Post Office Nawa City District - Nagpur Rajasthan . Petitioner is neither owner nor manufacturer of the said salt companies as such, Sections of Copyright Act and Trade Mark Act is not made out against this petitioner. 5 . Learned counsel for the State opposes the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within eight weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM Samastipur in connection with
Patna High Court CR. MISC. No.63275 of 2024(2) dt.25-09-2024 3/3 WarisNagar ( Mathurapur O P) P.S. case No. 07 of 2024 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .
(Prabhat Kumar Singh, J) Koushik/- U T