Baban Saw v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33295 of 2018 Arising Out of PS.Case No. -260 Year- 2018 Thana -JAHANABAD District- JEHANABAD ====================================================== Baban Saw, son of late Lala Saw, resident of village- Maur Nagar, Gali No. 2, P.S. Jehanabad, District Jehanabad (Jehanabad). .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s : Mr. Madhuranand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 18-06-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Jehanabad P.S. Case No.260 of 2018 instituted for the offence under Section(s) 420 Indian Penal Code and Sections 63, 65 of the Copy Right Act and Section 103, 104 of the Trade Mark Act. Allegation against the petitioner is that he was keeping duplicate Dabur Clove Oil in his shop and selling the same in the market. The police prepared the seizure list. From the written report itself, it is apparent that there is no chemical examination report of the seized article. There is merely vague, general and omnibus allegation. In the facts and circumstances of the case, prayer of
Patna High Court Cr.Misc. No.33295 of 2018 (2) dt.18-06-2018 2/2 the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Jehanabad P.S. Case No.260 of 2018, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jehanabad, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions:
(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) JA/- U T