Mukesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61196 of 2022 Arising Out of PS. Case No.-164 Year-2021 Thana- BARGAINIA District- Sitamarhi ====================================================== MUKESH PRASAD S/o Sri Ram Kishore Prasad R/o Mohalla- Goushala Road, Ward No. 2, P.S. and Distt- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Prasad Singh For the Opposite Party/s :

Mr. Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-02-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 420, 467, 468, 471 of the Indian Penal Code and 63 Copyright Act, 1957. As per the FIR, a raid was conducted at Shivam Book Kawi Chowk, Bairgania from where many duplicate books were handed over to the informant by the shop owner. The owner of the book shop disclosed the name of the petitioner and he purchased the same.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such

Patna High Court CR. MISC. No.61196 of 2022(2) dt.23-02-2023 2/3 occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Nothing incriminating has been recovered from the possession of the petitioner. The petitioner is the only book seller and used to sale the books of S. Chand and Bharti Bhawan Publication. He had sold the genuine books of the concerned purchaser after purchase from a whole-seller authorised seller at Patna. He further submits that during the course of investigation police does not found any cogent material against the petitioner. Petitioner has two criminal antecedent in similar nature, as also mentioned in para-3 of the petitioner.

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

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his/her 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 Bairgania P.S. Case No.164 of 2021,

Patna High Court CR. MISC. No.61196 of 2022(2) dt.23-02-2023 3/3 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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