IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31168 of 2008 MISBAHUL AREFIN Versus STATE OF BIHAR ----------- For the petitioner – Mr. Ajay Kumar Thakur, Adv. Mr. Pawan Kumar, Adv. Mr. Amir Alam For the State – Mr. Upendra Kumar, A.P.P. --------- 3. 18/8/2008 Heard learned counsel for the petitioner and learned counsel for the State. Case has been registered under Section 420 of the Indian Penal Code and Section 63 of the Copy Right Act. Allegation is that National Watch Company located at New Market, Patna was selling/storing the spurious counterfeit of Titan/Sonata watches in violation of the trade mark of the Company and 673 watches were seized. Learned counsel for the petitioner submits that the shop in question is not registered in the name of the petitioner rather petitioner passed his Intermediate Examination in the year 2006 and presently he is admitted in Patan Industrial Centre. Further submission is that the ingredients of offence under Section 420 of the Indian Penal Code are not made out in view of the specific provision under the Copy Right Act. He further submits that in a similar nature of case instituted two days after the present First Information Report, bearing Kotwali P.S. Case No. 174 of 2008, the petitioner was also made accused. In the aforesaid case, it is submitted that the 2 petitioner has been granted bail by a Bench of this Court by an order dated 5.8.2008 in Cr. Misc. Case No. 26571 of 2008. Learned counsel for the State submits that the allegation of sale of counterfeit watches in violation of the trade mark is upon the petitioner. In the facts and circumstances of the case and considering the aforementioned submissions made on behalf of the parties, petitioner Misbahul Arefin is directed to be released 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, in connection with Kotwali P.S. Case No. 154 of 2008. S.Ali (Dr. Ravi Ranjan, J.)