Dilip Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71733 of 2024 Arising Out of PS. Case No.-461 Year-2024 Thana- ALAMGANJ District- Patna ====================================================== Dilip Gupta S/o- Late Amar Singh RO- Gulzaarbagh Mandi Station Road, P.S- Alamganj, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subodh Kumar Barnwal, Advocate For the Opposite Party/s :
Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 23-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Alamganj P.S. Case No. 461 of 2024 dated 06.06.2024 instituted for the offence punishable under Sections 273, 420, 467, 468, 471, 482, 486, 487 of the Indian Penal Code and Section 63, 65 of the Copyright (Amendment) Act.
3. The prosecution case, in short, is that the petitioner and other accused persons had made and sold pirated edible oil in the name of branded companies. On demanding the papers of the same, the petitioner failed to produce the same. It is harmful for the human life and also damaged the revenue of the Government.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this
Patna High Court CR. MISC. No.71733 of 2024(2) dt.23-10-2024 2/3 case. It is further submitted that nothing incriminating or pirated articles have been recovered from the shop or the house of the petitioner. The petitioner is bonafide business man having valid registration and GST registration number. Learned counsel for the petitioner submits that the petitioner used to do his business of brand and non-brand edible oil as wholesaler and retailer and also grocery items. It is alleged that the petitioner did not produce any paper rather he produced tax invoices of two quarter which were received from concerned company. Without any expert report, the informant alleged that the petitioner sells pirated edible oil in the name of branded companies. Learned counsel for the petitioner further submits that seizure list has not been prepared in accordance with law. It is also submitted that the petitioner is advanced aged person and reputed business man in the area. Lastly, it has been submitted that petitioner has no criminal antecedents.
5. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Alamganj P.S. Case No. 461 of 2024, he will be released on bail upon furnishing bail bonds of
Patna High Court CR. MISC. No.71733 of 2024(2) dt.23-10-2024 3/3 Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. IV, Patna City, Patna, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Khatim Reza, J) premchand/- U T