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2025 DAILYLAW 67692 (PAT)

Ramchandra Mahto @ Ramchandra Mahato v. The State of Bihar

CR. MISC./56030/2025 · 2025-08-27

Anshuman

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.56030 of 2025 Arising Out of PS. Case No.-87 Year-2025 Thana- SIWAIPATTI District- Muzaffarpur ====================================================== 1. Ramchandra Mahto @ Ramchandra Mahato S/O Late Vishnu Mahto R/O Vill.- Harahiya, Ward No.- 06, P.S.- Siwaipatti, Dist.- Muzaffarpur 2. Lalu Mahto @ Lalu Mahato S/O Late Sudan Mahto R/O Vill.- Harahiya, Ward No.- 06, P.S.- Siwaipatti, Dist.- Muzaffarpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mazharul Hassan, Advocate For the Opposite Party/s : Mr. Jai Narain Thakur, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 2 27-08-2025 Heard learned counsel for the petitioners and learned A.P.P for the State. 2. The petitioners are apprehending arrest in connection with Siwaipatti P.S. Case No. 87 of 2025 lodged on 20.05.2025, for the offence punishable under Sections 63 & 65 of the Copyright Act, 1957, pending in the Court of Sub- Divisional Judicial Magistrate (East), Muzaffarpur (East). 3. As per the prosecution, FIR has been lodged against two named accused persons who are the present petitioners. It has been alleged in the FIR that upon secret information, a raid was conducted in the house of the petitioner no.1 from which, 450 filled pouches of duplicate Tata Salt each weighing 1 kg., Patna High Court CR. MISC. No.56030 of 2025(2) dt.27-08-2025 2/3 2500 empty pouches with Tata Salt inscribed on those pouches and one hand electrical pouch packaging machine were recovered. Another raid was conducted in the shop of petitioner no.2 from which, 275 filled pouches of duplicate Tata Salt has been recovered. 4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Counsel submits that without performing any test of Tata Salt that whether it is original or duplicate, the informant lodged the present case against the petitioners. Counsel submits that the petitioners have been falsely implicated in this case due to dirty village politics. Counsel further submits that the petitioner no.1 has no criminal antecedent, whereas, petitioner no.2 has two criminal antecedents. 5. Learned APP for the State opposes the prayer for bail of the petitioners and submits that huge quantity of duplicate Tata Salt pouches have been recovered from the petitioners possession. Counsel further submits that the recovery of duplicate items in large quantity together with pouch packaging machine speaks about the misdeeds and intention of the petitioners not only in respect of offences concerning property marks, but also in respect of cheating. Patna High Court CR. MISC. No.56030 of 2025(2) dt.27-08-2025 3/3 6. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioners. Accordingly, the prayer for anticipatory bail of the petitioners are hereby rejected with liberty that if, petitioners surrenders before the concerned Trial Court within a period of six weeks from today then in that case, the Trial Court is directed to pass order on their surrender- cum-bail application on the same day, without being prejudice that the anticipatory bail of the petitioners have been rejected by this Court and the Trial Court shall pass order on the merit of this case. Divyansh/- (Dr. Anshuman, J) U T