Shailendra Kumar Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56541 of 2019 Arising Out of PS. Case No.-158 Year-2019 Thana- DALSINGHSARAI District- Samastipur ====================================================== 1.
SHAILENDRA KUMAR JHA S/o Late Sahdev Jha Resident of VillageSahpur, Pagra, P.S.- Dalsing Sarai, District- Samastipur. 2.
Bipin Jha @ Vipin Kr. Jha Son of Late Sahdev Jha Resident of VillageSahpur Pagra, P.S.- Dalsing Sarai, District- Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Deepak Kumar Singh For the Opposite Party/s :
Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-09-2019 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Dalsingsarai Police Station Case No. 158 of 2019, disclosing offences under Sections 420, 467, 468, 471 of the Indian Penal Code and Section 63 of the Copy Right Act. The allegation against the petitioners, as per the First Information Report, is that the police raided the shops of the petitioners and recovered fake and fabricated books of Bharti Bhawan and S. Chand and Company publications, which were being sold by the petitioners, who are the shopkeepers. There is recovery of 59 books from the shop of petitioner no. 1 and 47
Patna High Court CR. MISC. No.56541 of 2019(2) dt.06-09-2019 2/3 books from the shop of the petitioner no. 2.
Learned Counsel for the petitioners submits that similarly situated co-accused persons have been granted bail by this Court, by order, dated 27.08.2019, passed in Criminal Misc. No. 53544 of 2019.
After having heard learned Counsel for the parties and taking into consideration the fact that similarly situated coaccused persons have been granted bail by this Court, I am inclined to grant the petitioners privilege of anticipatory bail. Accordingly, this application is allowed.
Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, 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 learned Additional Chief Judicial Magistrate, Dalsingsarai, Samastipur, in connection with Dalsingsarai Police Station Case No. 158 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions,
Patna High Court CR. MISC. No.56541 of 2019(2) dt.06-09-2019 3/3 their bail bonds shall be liable to be cancelled. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √