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Patna High Court

Ram Prakash Choudhary @ Ram Prakash ChaudhariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioners, subject to specified conditions.

Summary

The petitioners, Ram Prakash Choudhary and Ranjeet Choudhary, were arrested on 16 February 2026 in connection with a case alleging the sale of duplicate pesticides without a valid license, invoking several sections of the B.N.S. They claimed to have clean antecedents and argued that they were not the owners of the seized articles, contending that no offence under the Copyright Act, 1957 or the Trade Marks Act, 1999 was established. The State opposed bail, while the petitioners' counsel highlighted non‑compliance with Sections 103 and 105 of the B.N.S. and the lack of ownership. The Court, noting the petitioners' clean record and the statutory deficiencies, granted bail on a bond of Rs. 10,000 each with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents. The order directed the lower court to enforce these conditions and not to delay acceptance of the bail bonds.

Issues considered

  • Whether bail should be granted to the petitioners despite the charges under the B.N.S. for selling duplicate pesticides
  • Whether the petitioners can be deemed owners of the seized articles for purposes of the Copyright Act, 1957 and the Trade Marks Act, 1999
  • Whether non‑compliance with Sections 103 and 105 of the B.N.S. affects the bail application

Legislation cited

Subjects

  • bail
  • duplicate pesticides
  • licensing
  • copyright
  • trademark
  • criminal antecedents
  • non‑compliance
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32622 of 2026
                    Arising Out of PS. Case No.-591 Year-2025 Thana- PURNEA SADAR District- Purnia
                 ======================================================
           1.     Ram Prakash Choudhary @ Ram Prakash Chaudhari S/o Late Devanand
                  Chodhri @ Late Buddhu Choudhary @ Guddu Choudhary R/o Driver tola,
                  Rambagh, P.S.- Sadar, Distt.- Purnea
           2.    Ranjeet Choudhary @ Ranjit Choudhary @Ranjeet Kumar Choudhary S/o
                 Late Rameshwar Choudhary R/o Driver Tola, Rambagh, P.S.- Sadar, Distt.-
                 Purnea

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Anand, Advocate
                 For the Opposite Party/s :       Mr. Shyameshwar Dayal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   13-05-2026                     Heard Mr. Abhishek Anand, learned counsel for the

                   petitioners and Mr. Shyameshwar Dayal, learned APP for the

                   State.

                                2. Petitioners seek bail, who are in custody since

                   16.02.2026, in connection with Sadar P.S. Case No. 591 of 2025,

                   F.I.R. dated 29.11.2025 registered for the offences punishable

                   under Sections 318(4), 338, 336(3), 340(2), 3(5) of the B.N.S.

                                3. Allegation against the petitioner is that he is selling

                   the duplicate pesticides/insecticide without a valid license.

                                4. Learned counsel for the petitioners submits that the

                   petitioners have clean antecedents and they have been falsely

                   implicated in the present case.              He further submits that the
Patna High Court CR. MISC. No.32622 of 2026(2) dt.13-05-2026
                                            2/3




          allegation as alleged in the F.I.R. is false and fabricated and the

          petitioners have not committed any offence as alleged in the F.I.R.

          It appears from the seizure list that there is non compliance of

          Sections 103 and 105 of the B.N.S.S. As per allegation in the

          F.I.R. the petitioners are selling the duplicate pesticides/insecticide

          without a valid license which was found in the house of the

          petitioners. He further submits that the petitioners are not the so-

          called owner of the articles in question and hence no case is made

          out under the Copyright Act, 1957 and Trade Marks Act, 1999. He

          further submits that the police after investigation submitted

          chargesheet against the petitioners and the petitioners are in

          custody since 16.02.2026.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for              bail of the

          petitioners.

                       6. Considering the facts and circumstances of the case

          and the fact that the petitioners having clean antecedents and there

          is non compliance of Sections 103 and 105 of the B.N.S.S. as well

          as the petitioners are not the so-called owner of the articles in

          question and hence no case is made out under the Copyright Act,

          1957 and Trade Marks Act, 1999, let the petitioners, above named,

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

          Ten Thousand) each with two sureties of the like amount each to
               Patna High Court CR. MISC. No.32622 of 2026(2) dt.13-05-2026
                                                           3/3




                         the satisfaction of learned Chief Judicial Magistrate, Purnea in

                         connection with Sadar P.S. Case No. 591 of 2025, subject to the

                         following conditions :-

                                      (1) Petitioners shall co-operate in the trial and shall be

                         properly represented on each and every date fixed by the Court

                         and shall remain physically present as directed by the Court and on

                         their absence on two consecutive dates without sufficient reason,

                         their bail bonds shall be cancelled by the Court below.

                                      (2) If the petitioners tamper with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move for

                         cancellation of bail.

                                      (3) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioners and in case at any

                         stage, it is found that the petitioners have concealed their criminal

                         antecedents, the court below shall take step for cancellation of bail

                         bond of the petitioners. However, the acceptance of bail bonds in

                         terms of the above-mentioned order shall not be delayed for

                         purpose of or in the name of verification.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T


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