Patna High CourtCR. MISC./60544/2018bail granted

Md. Khabiruddin v. The State Of Bihar

2018-10-06Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60544 of 2018 Arising Out of PS.Case No. -112 Year- 2018 Thana -PURNEA SADAR District- PURNIA ====================================================== Md. Khabiruddin S/o Late Haji Habibuddin, R/o Mohalla- Namak Patti, Khuskibagh, P.S.- Sadar, District- Purnea.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Smt Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Sadar P. S. Case No. 112 of 2018 registered for the offences punishable under Sections 419, 420 of the Indian Penal Code, Sections 63, 65 of the Copyright Act, 1957 and Section 102 of the Trademark Act.

Learned counsel appearing for the petitioner submits that petitioner is a retailer and as a matter of fact, he purchased the seized clothes from wholeseller and, therefore, even if it assumed that the seized clothes were duplicate clothes, then also, petitioner cannot be made responsible for using the duplicate sticker on the seized clothes.

Patna High Court Cr.Misc. No.60544 of 2018 (2) dt.06-10-2018 2/2 Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in Sadar P. S. Case No. 112 of 2018 subject to conditions as laid down under Section 438(2) of the Cr. P. C.

(Hemant Kumar Srivastava, J) SHAHZAD/- Rajeev U T