Patna High Court
Arjun SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail is granted to the petitioner subject to a bond of Rs.10,000, two sureties, and surrender within eight weeks, under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioner, Arjun Sah, sought bail after his godown was raided and counterfeit items were recovered, leading to charges under Sections 63 and 65 of the Copyright Act. He contended that he is innocent, resides in Assam, has no involvement in manufacturing the alleged counterfeit goods, and that the items were declared counterfeit without proper verification. The State opposed the bail, arguing the seriousness of the copyright infringement offence. The Court, after considering the facts, granted bail on the condition that the petitioner surrenders within eight weeks, furnishes a bail bond of Rs.10,000 with two sureties, and complies with Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023. The order reflects the Court's assessment that the petitioner is not a flight risk and that bail is appropriate pending trial.
Issues considered
- Whether bail should be granted to the petitioner in a case under Sections 63/65 of the Copyright Act.
- Whether the petitioner poses a risk of fleeing or tampering with evidence.
- Whether the conditions imposed under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 are sufficient.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Copyright Act — s. 63, 65
Subjects
- bail
- copyright infringement
- counterfeit goods
- Section 63
- Section 65
- Section 482
- Bhartiya Nagrik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84656 of 2025
Arising Out of PS. Case No.-179 Year-2025 Thana- MANJHAGARH District- Gopalganj
======================================================
Arjun Sah S/O Dinanath Sah R/O Village- Manjhagarh, P.S- Manjhagarh,
Distt.- Gopalganj, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sumit Shekhar Pandey
with Masoom Raza
For the Opposite Party/s : Mrs.Rina Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 22-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections 63/65 of the Copyright
Act.
3. Petitioner is owner of the godown, from which,
counterfeit items were recovered.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. He further
submits that petitioner lives in Assam with his family and has
nothing to do with the alleged recovery. Petitioner is not the
manufacturer of the recovered goods/items. He further submits
that without verifying the genuineness of the items, same has
been declared as counterfeit items. Petitioner claims clean
antecedent.
Patna High Court CR. MISC. No.84656 of 2025(3) dt.22-01-2026
2/2
5. Learned A.P.P. for the State has opposed the bail
petition.
6. Considering the aforesaid facts and circumstances,
let the above named petitioner, in the event of arrest/surrender
within a period of eight weeks from today, be enlarged on bail
on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
C.J.M., Gopalganj in connection with Manjhagarh P.S. Case
No. 179 of 2025, subject to condition as laid down under
Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
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