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Patna High Court

Rajesh Kumar Gupta @ Munna GuptaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner.

Summary

The petitioner, Munna Gupta, sought anticipatory bail in connection with FIR No.11 of 2025 alleging manufacturing of duplicate Ashok Leyland parts, offences under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023 and Sections 63 and 65 of the Copyright Act, 1957. The prosecution’s case was based on seizure of parts during a police‑accompanied inspection, but no expert report was produced to establish that the parts were indeed counterfeit. The petitioner argued that he is a GST‑registered shopkeeper, has no criminal antecedent, and that the allegation of unregistered status was falsified. The Additional Public Prosecutor opposed the bail. The Court, noting the absence of expert evidence, the petitioner’s registration and clean record, inclined to grant anticipatory bail subject to standard conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. The order directed release on bail upon furnishing a bond and compliance with conditions such as regular court appearances and non‑tampering with witnesses.

Issues considered

  • Whether anticipatory bail should be granted in a case alleging manufacturing of duplicate automotive parts without expert evidence.
  • Whether the petitioner’s GST registration and lack of criminal antecedent justify bail.

Legislation cited

Subjects

  • anticipatory bail
  • duplicate parts
  • copyright infringement
  • criminal procedure
  • GST registration
  • no criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16021 of 2026
                           Arising Out of PS. Case No.-11 Year-2025 Thana- AMAS District- Gaya
                 ======================================================
                 Rajesh Kumar Gupta @ Munna Gupta Son of Bishwanath Prasad Gupta @
                 Bishwanath Kumar Gupta @ Shivnath Kumar Gupta Resident Of Mohalla-
                 Naya Bazar, Sherghati, Ps- Sherghati, Dist- Gaya

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :       Mr. Shailesh Kumar Singh, Advocate
                                                   Mr. Rajnish Ranjan, Advocate
                 For the Opposite Party/s :        Mr. Tarun Prasad Mandal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

3   29-04-2026                          Heard the learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Amas P.S. Case No.11 of 2025, F.I.R dated

                   11.01.2025 registered for the offences punishable under Section

                   318(4) of the Bharatiya Nyaya Sanhita, 2023 and Sections 63

                   and 65 of the Copy Right Act, 1957.

                                3. According to prosecution case, on 11.01.2025, the

                   informant, authorized by his company, visited Hemzapur

                   Highway Road to verify reports of sale of duplicate company

                   parts. He sought assistance from Amas Police Station, and a

                   police team accompanied him. During the inspection, shops

                   belonging to Zaya Ahmad, Ranjeet Singh, and Munna Gupta
Patna High Court CR. MISC. No.16021 of 2026(3) dt.29-04-2026
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          were found allegedly selling duplicate parts of Ashok Leyland

          Limited. The parts were seized in the presence of the police,

          following which the FIR was lodged.

                       4. Learned counsel for the petitioner submits that the

          petitioner has been implicated in the present case on the basis of

          allegation of manufacturing duplicate parts of Ashok Leyland

          while there is no evidence or any report of expert to show that

          the parts which is said to have been seized, is duplicate parts of

          the company in question. It is the case of the petitioner that the

          allegation of the shop of the petitioner not being registered with

          GST gets falsified by Annexure-2, which goes to show that the

          petitioner       is    a     registered        shopkeeper   vide   GST

          No.10AEFPG7724Q1ZD. Lastly, it has been submitted that the

          petitioner has no criminal antecedent.

                       5. Learned APP for the State opposes the prayer for

          anticipatory bail application.

                       6. Considering the aforesaid facts and circumstances

          the petitioner has been implicated in the present case on the

          basis of allegation of manufacturing duplicate parts of Ashok

          Leyland while there is no evidence or any report of expert to

          show that the parts which is said to have been seized, is

          duplicate parts of the company in question and the petitioner is a
Patna High Court CR. MISC. No.16021 of 2026(3) dt.29-04-2026
                                            3/4




          registered shopkeeper and the petitioner has no criminal

          antecedent. . Accordingly, this Court is inclined to grant the

          privilege of anticipatory bail to the petitioner.

                       7. Let the petitioner, above named, in the event of

          his/her arrest or surrender before the Court below within a

          period of thirty days from the date of receipt of the order, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned A.C.J.M. Sherghati, Gaya (Bihar) in

          connection with Amas P.S. Case No.11 of 2025, subject to the

          conditions as laid down under Section 438(2) of the Code of

          Criminal Procedure / Section 482(2) of the Bhartiya Nagarik

          Suraksha Sanhita and with other following conditions:-

                       (i) one of the bailors should be the family

          member/relative/known of the petitioner(s) who shall provide

          official document/personal affidavit to show his/her bona fide;

                       (ii) the petitioner(s) shall appear on each and every

          date before the Trial Court and failure to do so for two

          consecutive       dates     without      plausible   reason   will   entail

          cancellation of his/her/their bail bond by the Trial Court itself;

                       (iii) the petitioner(s) shall in no way try to induce or

          promise or threat the witnesses or tamper with the evidences,
           Patna High Court CR. MISC. No.16021 of 2026(3) dt.29-04-2026
                                                       4/4




                     failing which the State shall be at liberty to take steps for

                     cancellation of the bail bonds;

                                  (iv) the petitioner(s) shall desist from committing any

                     criminal offence again, failing which the State shall be at liberty

                     to take steps for cancellation of their bail bonds.



                                                   (Ajit Kumar, J)
sharun/-

U      T


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