IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28816 of 2008 RAJIV KUMAR @ RAJU KUMAR @ NAWAL KUMAR With Cr. Misc. No. 29661 of 2008 Navnit Kumar Tiwary @ Navnit Kumar Versus THE STATE OF BIHAR ----------- For the Petitioners : Mr. Akhilesh Pd. Singh, Adv. For the State : Mr. Choubey Jawahar, A.P.P. ------- 4 20.8.2008 Heard learned counsel for the petitioners and the State. Both the bail applications have been heard together and therefore, they are being disposed of by this common order. The case is registered under section 420 of the Indian Penal Code and section 63 of the Copy Right Act, 1957. Allegation is that on information of one Dr. M.L. Razak raids were conducted at three places and counterfeit/duplicate motor parts of Mico Company were seized. Learned counsel for the petitioners submits that from the first information report it appears that seizures were made even before the first information report was registered. He draws my attention towards the time of lodging of the first information report which is mentioned in the F.I.R. as 2.15 P.M. whereas time of seizure is mentioned as 1.05 P.M., 1.25 P.M. and 12.45 P.M. Further submission is that all the witnesses of the seizure lists and the witnesses examined under section 161 during the course of investigation are either employees of the Mico Company or the police personnel. Learned counsel further submits that the petitioners are in jail custody since 16.6.2008. It is also submitted that is that ingredients of section 420 of the I.P.C. as well as section 63 - 2 - of the Copy Right Act are not made out. Learned counsel for the State submits that fake counterfeit/ duplicate articles have been seized from the shops of the petitioner and since no independent person was ready , the employees of company and police personnel have been made witnesses in the case. In the facts and circumstances of the case and in view of the submissions made on behalf of the parties, let petitioners Rajiv Kumar @ Raju Kumar @ Nawal Kumar and Navnit Kumar Tiwary @ Navnit Kumar be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of C.J.M, Bhojpur at Ara in Ara Nawada P.S. case no. 130 of 2008. Rahman/ (Dr. Ravi Ranjan, J)