Vijay Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66170 of 2022 Arising Out of PS. Case No.-122 Year-2022 Thana- MANJHAGARH District- Gopalganj ====================================================== VIJAY SAH Son of Late Thakur Sah Resident of Village- Koini Bazar Tola, P.S.- Manjhagarh, District- Gopalganj ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Akhilesh Kumar, Adv.

For the Opposite Party/s :

Mr.Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-02-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with Manjhagarh P.S. Case No.122/2022, registered for the offence punishable u/s 419, 420, 34 IPC, sections 103, 104 of Trade Mark Act and sections 63, 64 and 65 of the Copy Right Act. Allegation against the petitioner is that he is indulged in manufacturing of fake products of Darsban of crystal crop protection Ltd.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. It is submitted that there is no compliance of section 100 of the Cr.P.C. Petitioner

Patna High Court CR. MISC. No.66170 of 2022(2) dt.25-02-2023 2/2 has no concern with the alleged recovered products. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for bail by submitting that recovery of fake products has been made from the house of petitioner.

Having regard to the facts and circumstances of the case, since recovery has been made from the house of petitioner, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. This application is accordingly dismissed.

However, petitioner is at liberty to surrender before the learned Court below within six weeks from today and seek regular bail and the learned Court below would pass the order, preferably, on the same day, in accordance with law. (Anjani Kumar Sharan, J) pallavi/- U T