Prem Sagar @ Prem Sagar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69022 of 2025 Arising Out of PS. Case No.-69 Year-2025 Thana- BANGARA District- Samastipur ====================================================== Prem Sagar @ Prem Sagar Sah Son of Late Bihari Sah @ Bihari Sah R/o VillSirsiya, Ward no. 12, P.S- Bangra, Dist.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amar Kumar Singh, Advocate For the State :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-09-2025 Heard Mr. Amar Kumar Singh, learned counsel for the petitioner and Mr. Rabindra Kumar, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Bangra P.S. Case No. 69 of 2025, F.I.R. dated 29.06.2025 registered for the offences punishable under Sections 63 and 65 of Copy Right Act, 1957.

3. Allegation against the petitioner is that he was selling the articles in the shop which was not genuine and they are fake products.

4. Learned counsel for the petitioner submits that the petitioner is has clean antecedent and he has been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the

Patna High Court CR. MISC. No.69022 of 2025(2) dt.26-09-2025 2/3 petitioner has not committed any offence as alleged in the F.I.R. He further submits that the petitioner has purchased the articles in question from the distributor and the same was found to fake. Learned counsel for the petitioner submits that the petitioner has no role at all in the present occurrence and he is not expert to verify the article in question whether the article in question is genuine or fake.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case and the fact that the petitioner having clean antecedent and he is not directly liable to involve in the present crime in question, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 S.D.J.M., Samastipur in connection with Bangra P.S. Case No. 69 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023 and with other following conditions :-

Patna High Court CR. MISC. No.69022 of 2025(2) dt.26-09-2025 3/3

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T