Patna High Court

Raj Kumar SahversusThe State of Bihar

Decided: 10 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was granted to the petitioner subject to the conditions imposed by the court.

Summary

The petitioner, Raj Kumar Sah, sought anticipatory bail after being implicated in a case alleging the sale of duplicate rice under the ‘White Tiger’ trademark, with offences listed under several sections of the Bharatiya Nyaya Sanhita. The FIR named his proprietorship, M/S Hanuman Galla Bhandar, but the investigation yielded no material evidence of trademark infringement or other wrongdoing, only suspicion. The petitioner asserted his innocence and clean antecedent, while the State opposed bail. The court examined the nature of the accusations, the lack of substantive evidence, and the petitioner’s clean record. Considering these factors, the court granted anticipatory bail, directing that if arrested within eight weeks the petitioner be released on a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted in the absence of material evidence against the petitioner
Whether the allegations under the specified sections of the Bharatiya Nyaya Sanhita warrant pre‑emptive detention
Whether the petitioner’s clean antecedent and the nature of the alleged offence justify bail

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Bharatiya Nyaya Sanhita — s. 318(4), 319(2), 336(3), 336(4), 3(5), 356(2), 356(4), 61(2)

Subjects

anticipatory bail
trademark infringement
criminal procedure
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita
clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88303 of 2025
                    Arising Out of PS. Case No.-719 Year-2024 Thana- MUZAFFARPUR TOWN District-
                                                       Muzaffarpur
                 ======================================================
                 Raj Kumar Sah S/O Late Asharafi Lal Sah R/O Mohalla- D.N. High School,

                 Sabji Bagh, Daldali Bazar, P.S.- Town, Dist.- Muzaffarpur.



                                                                                 ... ... Petitioner/s

                                                      Versus

           1.    The State of Bihar
           2.    Nirpendra Kumar Rai S/O Not Known Manager of M/s Shri Sai Organic

                 Foods pvt. ltd., Situated at 1st floor, Maa hero service station building,

                 Kamalnath Nagar, P.S.- Bettiah, Dist.- West Champaran- 845438


                                                                          ... ... Opposite Party/s

                 ======================================================
                 Appearance :

                 For the Petitioner/s      :      Mr. Santosh Kumar , Advocate

                 For the Opposite Party/s :       Mr. Nirmal Kumar Sinha, APP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   10-02-2026                          Heard learned counsel for the petitioner and the

                   State .

                                 2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 319(2), 318(4), 336(3),

                   336(4), 356(2), 356(4), 61(2), 3(5) of the Bharatiya Nyaya

                   Sanhita.

                                 3 . As per F.I.R., this petitioner is involved in the
Patna High Court CR. MISC. No.88303 of 2025(2) dt.10-02-2026
                                            2/3




          business of selling duplicate rice under the White Tiger

          trademark.

                       4. Learned counsel for the petitioner submits that

          petitioner is innocent and has committed no offence . The name

          of the petitioner’s proprietorship firm is named in the F.i.R. as

          M/S Hanuman Galla Bhandar. During course of investigation ,

          the entire premises of the petitioner was inspected and no

          materials has come with regard to ‘alleged infringing trademark,

          copyright and misusing duplication of the product of

          informant’s company . Only suspicion has been raised against

          this petitioner. Save and except, suspicion , there is no other

          material on record to substantiate the allegation against this

          petitioner. Petitioner claims clean antecedent.

                       5 . Learned A.P.P. for the State opposed the bail

          application .

                       6. Considering the backdrop of the case, nature of

          accusation and clean antecedent, this anticipatory bail is allowed

          and it is ordered that let the above named petitioner in the event

          of his arrest/surrender before the court below 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 Chief Judicial Magistrate ,
            Patna High Court CR. MISC. No.88303 of 2025(2) dt.10-02-2026
                                                        3/3




                      Muzaffarpur in connection with Town P. S. Case No. 719 of

                      2024, subject to condition as laid down under Section 482(2) of

                      the Bharatiya Nagarik Suraksha Sanhita, 2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T

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