Sujeet Kumar @ Sujeet Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72695 of 2024 Arising Out of PS. Case No.-229 Year-2024 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Sujeet Kumar @ Sujeet Kumar Sah S/o- Hare Kishun Sah Resident of Mohalla- Modarpur Gadhai arai PS-Hajipur District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mithlesh Prashad Singh, Advocate For the Opposite Party/s :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 29-01-2025 Heard Mr. Mithlesh Prashad Singh, learned counsel for the petitioner and Mr. Tapeshwar Sharma, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Hajipur Sadar Town P.S. Case No. 229 of 2024, F.I.R. dated 10.04.2024 registered for the offences punishable under Sections 420, 120(B) of the Indian Penal Code and Section 63 and 65 of Copyright Act, 1957.

3. The prosecution case, in brief, is that one Ram Niwash has taken registration of his company in the name of 'Dandi Salt' in English and one Niraj Kumar Gupta has taken registration of his company in the name of 'Dandi Namak' in Hindi under Copyright Act and this Company decisively selling salt in Hajipur by having an agreement with one Sanjay Kumar

2/4 Sah.

4. Learned counsel for the petitioner submits that the petitioner 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 petitioner has not committed any offence as alleged in the F.I.R. He further submits that from perusal of the F.I.R. it appears that the same salt was recovered from the shop of the petitioner and the petitioner has been made accused merely on the ground that the informant has stated in the F.I.R. that the informant has registered of Dandi Salt and another co-accused Niraj Kumar Agrawal has used the name of Dandi Salt and the Dandi Salt was recovered from the shop of the petitioner. Learned counsel for the petitioner submits that in fact the petitioner has purchased the same from the stockiest of the area and as per agreement dated 18.02.2022 the petitioner has purchased the aforesaid salt from one Sanjay Kumar Sah and he has no role in the present occurrence.

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, let the petitioner, above named, in the event of his arrest or

3/4 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 Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Sadar Town P.S. Case No. 229 of 2024, 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 :-

(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

4/4 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