Raj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72356 of 2025 Arising Out of PS. Case No.-390 Year-2024 Thana- MALSALAMI District- Patna ====================================================== Raj Kumar S/o Sri Braham Deo Prasad R/o Near King Christ High School, Kaimasikoh, Patna City, P.S.- Chowk, District- Patna, Pin-800008 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Madhav Krishna For the Opposite Party/s :
Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-11-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offence under Section 318(4) of the Bhartiya Nyaya Sanhita, 2023 and Sections 63/65 of Copy Right Act, 1957.
3. The informant, who is authorized signatory of Shree Ambey Dairy, has alleged that he is selling a product in the name of "Varun Puja Ghee" since long, but this petitioner deliberately by committing fraud used his brand name and sold the duplicate product of aforesaid Ghee in the market.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Petitioner is selling his goods with the trade mark of "Sri Varun Deep Puja
Patna High Court CR. MISC. No.72356 of 2025(2) dt.01-11-2025 2/2 Ghee" and as such, there is no violation of provision under the Trade Mark Act. Petitioner has also applied for trade mark registration, vide Trade Mark application no. 6602166.
5. Learned A.P.P. for the State has opposed the bail petition.
6. Considering the nature of accusation, let the above named petitioner, in the event of arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - I, Patna City, Patna in connection with Malsalami P.S. Case No. 390 of 2024, subject to condition as laid down under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023. (Prabhat Kumar Singh, J) anay U T