Dismissed

Rajesh Kumar @ Rajesh Kumar Srivastava v. The State of Bihar

Patna HC18 Mar 2024CR. MISC./15926/2024

Case brief

AI extract

What is this about?

In a bail application opposing arrest in a 2012 case involving obscene material and Copyright Act offences, the High Court rejected the prayer due to the age of the case and named association by an apprehended person. The Court rejected the defence of lack of summons.

What did the court decide?

Petitioner directed to surrender within four weeks to make out a case for bail in the jurisdictional court.

Rajesh Kumar @ Rajesh Kumar Srivastava Vs The State of Bihar — Bail and Remand | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15926 of 2024

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Arising Out of PS. Case No.-445 Year-2012 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur

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======================================================

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Rajesh Kumar @ Rajesh Kumar Srivastava Son of Jagdish Prasad Resident of Mohalla- Prabhat Nagar, Najirpur, P.S.- Ahiyapur, District- Muzaffarpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Santosh Kumar, Adv. For the Opposite Party/s : Mr. Akshay Lal Pandit, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR

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ORAL ORDER

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2 18-03-2024

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Heard Mr. Santosh Kumar, learned counsel appearing

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on behalf of the petitioner and learned Additional Public Prosecutor for the State.

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The petitioner apprehends his arrest in connection with Muzaffarpur Town P.S. Case No. 445 of 2012, registered for the offences punishable under Sections 420/419 of the Indian Penal Code and Sections 51, 52(A), 63, 68(A) of the Copy Right Act.

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The police on an information conducted a raid and a huge number of CDs/DVDs and cassettes of obscene/vulgar films were recovered. The apprehended persons disclosed the name of the petitioner as one of the shop owner from where they had purchased cassettes/CDs/DVDs.

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It is submitted on behalf of the petitioner that

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Patna High Court CR. MISC. No.15926 of 2024(2) dt.18-03-2024 2/3

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except the statement of the apprehended person before the police, there is no other material suggesting the complicity of the petitioner. Moreover, the petitioner does not have any such kind of shop nor there is any prior complaint against the petitioner, that apart the petitioner bears fair antecedent. He lastly submits that in fact as the petitioner was not knowing about the institution of the present case and there had never been any summons issued against him, thus the delay has occurred.

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On the other hand, learned counsel for the State vehemently opposes the bail application and submits that from the narratives of the FIR, it is evident that the apprehended person disclosed the name of the petitioner as the person from whose shop Cds/DVDs and other incriminating materials have been purchased.

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Regard being had to the submissions made on behalf of the parties and considering the fact that the present case is of the year 2012 wherein the petitioner is named accused, this Court is not persuaded to accede to the prayer of the petitioner and, as such, the same stands rejected. However, if the petitioner surrenders before the court below, preferably within a period of four weeks from today, the learned

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Patna High Court CR. MISC. No.15926 of 2024(2) dt.18-03-2024 3/3

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jurisdictional court shall consider the case of the petitioner without being prejudiced by the order of this Court and pass appropriate order expeditiously.

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(Harish Kumar, J)

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Anjani/-

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U T

Rajesh Kumar @ Rajesh Kumar Srivastava v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rajesh Kumar @ Rajesh Kumar Srivastava v. The State of Bihar

Case brief

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What did the court decide?

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