IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46394 of 2008 TAN TAN GUPTA S/O-Rajendra Gupta, R/O-Mohalla-Behea, P.S.-Behea, Distt.-Bhojpur. …………………………………………..Petitioner. Versus STATE OF BIHAR ……………………………………..Opposite Party. ----------- 2/ 30.01.2009 Heard learned Counsel for the petitioner and learned Counsel appearing on behalf of the State. The petitioner apprehends his arrest in a case which has been registered under Sections 51, 63, 65, 68 of the Copy Right Act, 1957, Sections 78 and 79 of the Trade and Marchandise Marks Act, 1958 and under Sections 420, 468, 471 and 120B of the Indian Penal Code. Vikas Gramodhyog Samiti through its sales manager has alleged that its manufacture of one detergent and white washing powder “Panki” the registration has been done and it was in possession of a trade mark granted by Government of India. Allegation is that a duplicate washing powder in the name of “Panki” was being sold by the petitioner. A raid was conducted and seizure was made. The petitioner told that it was supplied by Sanjay Kumar Keshari of Bari Bazar, Mohania. Submission is that the petitioner has sold it after purchase. He was not knowing that as to whether the - 2 - article which was being sold by him was having any copy right or not. He was selling it under bona fide presumption of Sanjay Kumar Keshari who has also got an industry at Mohania and manufactures “Panki Super White Washing Powder” having his own trade mark registered under the Registrar of Companies. Considering the facts and circumstances of the case, the petitioner Tan Tan Gupta is directed to surrender before the Court below within a period of twenty days from the date of receipt/production of a copy of this order and on his so surrendering he shall 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 the Chief Judicial Magistrate, Bhojpur in connection with Behea P.S. Case No. 142 of 2008, subject to the condition as laid down under Section 438(2) of the Cr.P.C. kksinha/ (Shyam Kishore Sharma, J.)