Ashok Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7840 of 2024 Arising Out of PS. Case No.-147 Year-2023 Thana- PATRAKARNAGAR District- Patna ====================================================== Ashok Kumar Gupta Son of Surendra Saw Resident of Mohalla-Munnachak, Kankarbagh, PS-Patrakar Nagar, District-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shams Akhtar, Advocate For the Opposite Party/s :

Mr. Aditya Narayan Singh.1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 420 of the Indian Penal Code, Sections 103 and 104 of the Trade Marks Act and Section 63 of the Copyright Act.

3. According to F.I.R., petitioner is alleged to be involved in selling duplicate concerto and PSC cement to the customers.

4. Learned counsel for the petitioner submits that petitioner is proprietor of the shop Narayan Traders and he purchased the said concerto and PSC cement from Ganga Carriers Pvt. Ltd. C & F agent of Nuvoco Vistas Corp. Ltd. and in support of the same he has annexed Annexure-2. Petitioner has falsely been implicated in this case by the informant as he

Patna High Court CR. MISC. No.7840 of 2024(2) dt.20-02-2024 2/2 refused the sell the PSC cement to the informant. There is no recovery of any type of instrument of packing and rappers of Conerto and PSC cement from the shop of the petitioner. Petitioner claims clean antecedent.

5. Considering the facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six 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 Judicial Magistrate, 1st Class, Patna in connection with Patrakar Nagar P. S. Case No. 147 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T