Md. Shakeel @ Mohammad Shakeel @ Md. Shakil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77192 of 2019 Arising Out of PS. Case No.-263 Year-2019 Thana- CIVIL LINE District- Gaya ====================================================== Md. Shakeel @ Mohammad Shakeel @ Md. Shakil, Son of Late Md. Usman @ Late Md. Ulman, Resident of Mohalla - Iqbal Nagar, P.S.- Kotwali, District - Gaya (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Pratap Singh For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 420 of the Indian Penal Code, Sections 63/65 of Copy Right Act and Sections 103 and 104 of the Trade Mark Act, 1999. The prosecution case, as per the written report of Kashinath Mukherjee, Enquiry Officer, I.P. Investigation and Detective Service Pvt. Ltd submitted to Station House Officer of Civil Line Police Station, is to the effect that on 06.09.2019 at 4.10 P.M., a raid was laid in the godown of the petitioner when duplicate Agarbattis of I.T.C. company were recovered. It is submitted by learned counsel for the petitioner that the seizure list neither bear the signature of the family

Patna High Court CR. MISC. No.77192 of 2019(2) dt.13-02-2020 2/2 members of the petitioner nor of the petitioner and both the seizure list witnesses are of outside the State. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the recovery has been made from the godown of the petitioner.

Considering the nature of accusation and the fact that the seizure list neither bear the signature of the petitioner nor of his family members, coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, 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, Gaya in connection with Civil Line P.S. Case No. 263 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T