Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79666 of 2024 Arising Out of PS. Case No.-184 Year-2023 Thana- NADI P.S. District- Patna ====================================================== Munna Kumar, S/o Shri Gauri Shankar Prasad @ Gouri Shankar Saw, R/o Kachchi Dargah, P.S.- Nadi, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar, Advocate For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 28-11-2024 Heard learned counsel for the petitioner and Mr. Uma Shankar Prasad Singh, learned APP for the State. 2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Nadi P.S. Case No. 184 of 2023 instituted for the offence under Sections 63 and 65 of the Copyright Act.

3. The case of the prosecution is that the informant poses himself to be a Field Officer of M/s Tata Salt. He has made a raid on the shop of the petitioner and it is alleged that from there 450 packets of duplicate Tata Salt was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that the seizure list has also been

Patna High Court CR. MISC. No.79666 of 2024(2) dt.28-11-2024 2/2 prepared by the Field Officer and the seizure was also made by the Field Officer himself. There is legal lacunae in the filing of this case. The seizure should have been made by the police officer and the informant must have some authority to inspect the shop of the petitioner and to make seizure, which is lacking. Petitioner is having no criminal antecedent.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Nadi P.S. Case No. 184 of 2023, he will be enlarged 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 J.M. Ist Class, Patnacity, subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Ashok Kumar Pandey, J) lata/- U T