IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3197 of 2009 SANJAY KUMAR KESHRI S/O LATE MUNI PRASAD KESHRI, R/O VILLAGE- MOHANIYA BADI BAZAR, P.O. & P.S.- MOHANIA, DISTRICT- KAIMUR Versus STATE OF BIHAR ----------- 2 04/03/2009 Heard learned counsel for the petitioner, learned counsel representing the State and learned counsel for the informant. The petitioner seeks bail in a case which has been registered under sections 51, 63, 65, 68 of the Copy Right Act 1997, sections 78, 79 of the Trade and Mechandile Marks Act and sections 420, 468, 471, 120 B of the Indian Penal Code. Allegation is that the informant’s company Vikash Gramodhyog Samiti Kanpur is manufacturer of Panki Super White Washing Powder and Detergent Cake which has been selling its product in different places of Bihar and other States. The informant knew that the product was being sold by committing forgery and a duplicate article was being supplied. The petitioner was allegedly manufacturing the duplicate Panki Super White washing powder and detergent cake. Submission is that the petitioner himself is the manufacturer of washing powder in the brand of Panki white guard and has applied for registrations of trade mark. Further submission is that trade mark number has been given on the cover of the product whereas no trade mark registration number has been given by the informant. It has also been submitted - 2 - that there is provision of penalty under the Copy Right Act and provisions of the penal code is not attracted in this case. Learned counsel for the informant opposed the prayer for bail of the petitioner and submits that the petitioner has himself admitted the manufacturer but he has no registration and he is using the brand of the informant which is causing huge loss to him. This is a case of regular bail. The petitioner is in custody since 20.11.2008 and according to his submission he has no criminal antecedent. Considering the facts and circumstances of the case, the petitioner Sanjay Kumar Keshri is directed to be released on bail on furnishing of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the C.J.M., Bhojpur at Ara in connection with Bihia P.S. Case No. 142 of 2008. avin (Shyam Kishore Sharma, J.)