Case Facts:
Patna High Court Cr.Misc. No.41553 of 2012 (2) dt.03-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41553 of 2012 ====================================================== Chandan Kumar @ Chandan .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 03-12-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] and 63 & 68(A) of the Copy Right Act. The FIR was lodged on the recovery of fake cassettes and C.Ds. from the temporary shop on the footpath. It is submitted by learned counsel for the petitioner that the seizure list does not reflect that the place of seizure belonging to the petitioner. A statement has been made in para 7 that the petitioner has no criminal antecedent. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the Patna High Court Cr.Misc. No.41553 of 2012 (2) dt.03-12-2012 event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Saran at Chapra in connection with Chapra Town P.S. Case No. 45 of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. DKS/ (Dinesh Kumar Singh, J.)

Applicable IPC Section: 292

Statute Text:
Section 292 of the Indian Penal Code. Sale, etc., of obscene books, etc. For the purposes of sub-section (2), a book, pamphlet, paper, writing, drawing, painting representation, figure or any other object, shall be deemed to be obscene if it is lascivious or appeals to the prurient interest or if its effect, or (where it comprises two or more distinct items) the effect of any one of its items, is, if taken as a whole, such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it. Whoever: sells, lets to hire, distributes, publicly exhibits or in any manner puts into circulation, or for purposes of sale, hire, distribution, public exhibition or circulation, makes, reduces or has in his possession any obscene book, pamphlet, paper, drawing, painting, representation or figure or any other obscene object whatsoever, or imports, exports or conveys any obscene object for any of the purposes aforesaid, or knowing or having reason to believe that such object will be sold, let to hire, distributed or publicly exhibited or in any manner put into circulation, or takes part in or receives profits from any business in the course of which he knows or has reason to believe that any such obscene objects are, for any of the purposes aforesaid, made, produced, purchased, kept, imported, exported, conveyed, publicly exhibited or in any manner put into circulation, or advertises or makes known by any means whatsoever that any person is engaged or is ready to engage in any act which is an offence under this section, or that any such obscene object can be procured from or through any person, or offers or attempts to do any act which is an offence under this section, shall be punished on first conviction with imprisonment of either description for a term which may extend to two years, and with fine which may extend to two thousand rupees, and, in the event of a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and also with fine which may extend to five thousand rupees.