Rajeev Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59757 of 2022 Arising Out of PS. Case No.-601 Year-2022 Thana- SASARAM NAGAR District- Rohtas ====================================================== Rajeev Prakash, aged about 38 years, male, Son of Ramesh Prasad Resident of Mohalla- Chanwar Takiya, Ward No-14, P.S.- Sasaram Town, DistrictRohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Singh, Adv.

For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 18-01-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Sasaram Town PS Case No. 601 of 2022, registered for the offence punishable under Section 420 of the Indian Penal Code and Section 63 of the Copyright Act, 1957 ( for short 'the Act').

The informant, duly constituted attorney of a Cosmetic Company has alleged marketing of counterfeit products and committing offences under Section 63 of the Act by various retailers in the District. The same has led to the petitioner's arrest from the shop, namely, Simaran Churi Kendra.

Learned counsel for the petitioner submits that the shop belongs to his uncle. He has no concern with the shop or the material being sold from the shop. He had assembled at the place on seeing the crowd when the police had come. Just because he happens to be the nephew of the shop owner, he was taken in custody. He has been in custody in connection with this case since 20-07-2022 though he has no antecedents.

Learned APP for the State has opposed the prayer for bail.

Patna High Court CR. MISC. No.59757 of 2022(2) dt.18-01-2023 2/2 Considering the rival submissions, nature of accusations and petitioner's custody, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. Let the petitioner, above named, be released 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, Rohtas at Sasaram, in connection with Sasaram Town PS Case No. 601 of 2022, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T