Partly allowed

Sanjay Agrawal @ Sanjay Kumar Agrawal v. The State Of Bihar

Patna HC1 Jul 2017CR. MISC./30043/2017

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to the petitioner facing charges under IPC Sections 417, 418, 419, 420, Copyright Act, and Trade Mark Act. Relief granted subject to strict conditions regarding bail bond, presence in court, and non-tampering with evidence.

What did the court decide?

Release on bail of Rs. 10,000 with two sureties in default of arrest or surrender within four weeks.

Sanjay Agrawal @ Sanjay Kumar Agrawal Vs The State Of… — Intellectual Property | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30043 of 2017

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Arising Out of PS.Case No. -118 Year- 2017 Thana -MURLIGANJ District- MADHEPURA

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====================================================== Sanjay Agrawal @ Sanjay Kumar Agrawal

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.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shailendra Kumar Singh For the Opposite Party/s : Mr. Sri Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER

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2 01-07-2017 Heard learned counsel for the petitioner and the State.

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The petitioner apprehends his arrest in Murliganj P.S. Case No. 118 of 2017 instituted for the offence under Sections417, 418, 419, 420 of the Indian Penal Code, Sections-63/65 of Copy Right Act, 1957 and under Section-102 of the Trade Mark Act.

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According to FIR lodged by the informant who claims himself to be private representative of one Always Detective Services (Pvt.) Ltd. and authorized by M/S K.A.S. Zainulabbin & Company at Chennai to inquire into the duplicate and spurious products of the company and its illegal sale and production in the market. It is alleged that the informant got information that the petitioner is selling Lungi of M/S K.A.S. Zainulabbin & Company of “999 mark” in his shop. The informant went to the shop of the

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Patna High Court Cr.Misc. No.30043 of 2017 (2) dt.01-07-2017

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petitioner and purchased 26 pieces of Lungi of 999 marks, two pieces of Sari and five pieces of towel from the shop of the petitioner and took a cashmemo of that shop. It was found that those Lungies were different from Lungis of M/S K.A.S. Zainulabbin & Company. Thereafter matter was informed to the police.

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The cash memo has been enclosed by the informant along with the written report, wherein merely Lungis etc has been mentioned. There is no mention that Lungi of 999 brand has been sold by the petitioner.

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In such circumstances, prayer for anticipatory bail is allowed it is ordered that the petitioner named above, in the event of his arrest or surrender in the court below within four weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Murliganj P.S. Case No. 118 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Madhepura subject to condition as laid down u/S 438(2) of the Cr.P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date

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Patna High Court Cr.Misc. No.30043 of 2017 (2) dt.01-07-2017

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fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioners and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

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(Sanjay Priya, J)

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A.K.V./-

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U T

Sanjay Agrawal @ Sanjay Kumar Agrawal v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Sanjay Agrawal @ Sanjay Kumar Agrawal v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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