Digvijay Nath Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64643 of 2022 Arising Out of PS. Case No.-294 Year-2017 Thana- BETTIAH CITY District- West Champaran ====================================================== Digvijay Nath Tiwari Son Of Narendra Nath Tiwari R/O Village- Kashi Pushtak Bhandar Soyababu Chowk, Bettiah, P.S.- Bettiah Town, DistrictWest Champaran, Permanent Address Khushi Tola, P.S.- Bairiya,DistrictWest Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :
Mr. Syed Ehteshamuddin, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 17-05-2023 Heard Mr. Brij Kishore Mishra, learned counsel appearing on behalf of the petitioner and Mr. Syed Ehteshamuddin, learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Bettiah Town P.S. Case No. 294 of 2017, registered under Sections 419 and 420 of the Indian Penal Code and Section 63 of the Copyright Act.
The prosecution case, in brief, is that the informant in his written First Information Report described himself an employee of Bharti Bhawan, who with the help of Police force got raid made at Kashi Book Mandir, Bettiah from where 26 books were recovered, which was not published by Bharti Bhawan and the same was duplicate one. On the shop one staff
Patna High Court CR. MISC. No.64643 of 2022(2) dt.17-05-2023 2/3 was found sitting, who disclosed the name of owner of shop as Digvijay Nath Tiwari (Petitioner). The informant got the seizure list prepared for recovery of 26 pieces books, which was not published by Bharti Bhawan.
Learned counsel appearing on behalf of the petitioner submitted that petitioner is a book seller and for which he has been made accused under the Copyright Act. He further submitted that, in fact, the petitioner purchased the alleged books from Gayan Ganga Limited, Patna and he has not violated the Copyright Act. The prosecution has not made Gayan Ganga Limited, Patna as accused.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner. Having heard the rival submission made by the parties as well as the allegation made in the F.I.R. it appears that petitioner had purchased the books, which has been allegedly published by Bharti Bhawan have been found at the shop of the petitioner, in fact, have been purchased by the petitioner from Gayan Ganga Limited, Patna.
The petitioner is directed to produce receipt of the books purchased from the Gayan Ganga Limited, Patna for which the allegation has been made against him. If the petitioner
Patna High Court CR. MISC. No.64643 of 2022(2) dt.17-05-2023 3/3 produces receipt/bill of the books purchased from Gayan Ganga Limited, Patna before the learned Court below by filing an affidavit to the effect that the statement, which has been made before this Court, the petitioner, above named is directed to be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Bettiah, West Champaran in connection with Bettiah Town P.S. Case No. 294 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Purnendu Singh, J) manish/- U T