IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40165 of 2009 1. Birendra Kumar, S/o Yogendra Roy, Resident of Ramnagar, P.S. Warisnagar, Distt. Samastipur. 2. Jitendra Kumar, S/o Shakti Chaudhary. 3. Vicky Kumar, S/o Vishwanath Mahto. Both Resident of Ram Babu Chowk, P.S. Samastipur (Town), Distt. Samastipur. ----------- Petitioners Versus The State of Bihar --------- Opp. Party ----------- 2 25.11.2009 Heard learned counsel for the petitioners and counsel for the State. The petitioners face prosecution for an offence under Section 63/63A of the Copy Right Act, 1957 and there is a huge recovery of around five thousand DVD/CD/MP3 from the shops of the aforementioned three petitioners. Learned counsel for the petitioners would submit that the petitioners are first offenders and they are neither producers nor manufacturers of such unauthorized DVD/CD/MP3. In the opinion of this Court, this racket has virtually ruined the entire film industry and the petitioners cannot absolve themselves especially when they are, being persons dealing in such business, supposed to be more careful and deal in only authorized DVD/CD/MP3. 2 That being so, this Court is not inclined to grant of bail to the petitioners till they would complete their judicial custody for a period of six months. The petitioners, namely, Birendra Kumar, Jitendra Kumar and Vicky Kumar respectively therefore would be released on bail only after completing their judicial custody till 3rd March, 2010 and that too by giving an undertaking that henceforth they would not deal in any fake/unauthorized DVD/CD/MP3 and in the event of any further detection of their involvement in dealing in with such DVD/CD/MP3, their present bail shall also stand cancelled. With the aforementioned conditions, the petitioners, namely, Birendra Kumar, Jitendra Kumar and Vicky Kumar respectively are directed to be released on bail after 3rd March, 2010 on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M., Samastipur in connection with Samastipur(T) P.S. Case No. 556 of 2009. Rsh (Mihir Kumar Jha, J.)