Navin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57648 of 2023 Arising Out of PS. Case No.-388 Year-2019 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== NAVIN KUMAR son of Raj Kishore Prasad Village- Mathya Hardo PsKuchaikot Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Dwivedi For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420 of the Indian Penal Code and 63 of Copy Right Act.

3. Altogether 9 bags of JK Wall Putty each having 40 kg quantity and 4 bags of JK White Cement each having 50 kg quantity has been recovered from the shop of petitioner which are not said to be original.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The

Patna High Court CR. MISC. No.57648 of 2023(2) dt.12-10-2023 2/2 allegation levelled against the petitioner is not specific rather general and omnibus in nature. Nothing has been recovered from the concerned possession of the petitioner. There is business rivalry between the parties. It is further submitted that petitioner has been granted the benefit of Section 41A. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

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

6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Gopalganj P.S. Case No. 388 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T