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Patna High CourtCR. MISC./62048/2025bail granted

Sanjay Kumar v. The State Of Bihar

2025-09-11Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62048 of 2025 Arising Out of PS. Case No.-547 Year-2024 Thana- MALSALAMI District- Patna ====================================================== Sanjay Kumar S/o Late Binda Prasad @ Vinda Prasad Resident of At Masurganj Mohalla, PS- Malsalami, Patna City, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Ranjan For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-09-2025 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 offence under Sections 274, 275, 318(4) of the Bhartiya Nyaya Sanhita, 2023, Sections 63, 65 of the Copy Right Act, 1957 and Sections 103, 104 of the Trade Mark Act, 1999.

3. It is alleged that this petitioner was selling refined oil of some other company under the label of Fortune Soya Health Oil of M/s Adani Will Mark Co.Ltd. and on search, huge quantity of fake Fortune Soya Health Oil were recovered from the godown of this petitioner.

4. Learned counsel for the petitioner submits that petitioner is bonafide purchaser of Fortune Soya Oil and the

Patna High Court CR. MISC. No.62048 of 2025(2) dt.11-09-2025 2/2 recovered refined oils were purchased, vide Invoice Bill Nos. 1745 dated 20.11.2024 and 1756 dated 22.11.2024 respectively (Annexure - 2 to the petition). Petitioner was not aware about the contents of the oil, but only on suspicion, same has been declared to be fake. It is yet to be ascertained by the investigating agency. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State has opposed the bail petition.

6. Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of arrest/surrender within a period of eight weeks from today, 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 learned A.C.J.M. - IV, Patna City, District - Patna in connection with Malsalami P.S. Case No. 547 of 2024, subject to condition as laid down under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

(Prabhat Kumar Singh, J) anay U T