Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42274 of 2016 Arising Out of PS.Case No. -279 Year- 2016 Thana -MOTIHARI MUFASIL District- EAST CHAMPARAN (MOTIHARI) =====================================

1. Chandan Kumar, Son of Lalan Sah, Resident of Mission Chowk, Madhubani Ghat, Police Station- Muffasil Motihari, District- East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Lal Babu Singh, Adv. For the Opposite Party/s : Mrs. Veena Kumari Jaiswal ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-10-2016 Heard the parties.

This application, for grant of anticipatory bail, arises out of Muffasil Motihari P.S. Case No. 279 of 2016, disclosing offences under Section 420 of the Indian Penal Code, Sections 63/35 of Copy Right Act, 1957, and Sections 103/104 of the Trade Mark Act, 1999. The petitioner runs a departmental store from where few stickers and one piece of regulator were

Patna High Court Cr.Misc. No.42274 of 2016 (2) dt.06-10-2016 2/3 recovered. With an allegation that the petitioner was engaged in manufacture of duplicate Lukash T.V. regulators, the First Information Report came to be registered.

Learned counsel for the petitioner has submitted that the petitioner has small departmental store and he has been falsely implicated in this case because he could not oblige the police personnel. He has also submitted that if the petitioner is granted the privilege of anticipatory bail, there is no chance that the petitioner will flee from the course of justice. Considering the submission, as above, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari, in connection with Muffasil Motihari P.S. Case No. 279 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court,

Patna High Court Cr.Misc. No.42274 of 2016 (2) dt.06-10-2016 3/3 as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Praveen-II/-c U T