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Judgment
2/10.08.2026 Heard learned counsels for petitioners appearing through Video Conferencing [VC] and for the State.
The petitioners are apprehending their arrest in connection with Petarwar P.S. Case No.54 of 2026, for offence registered under section 318(4) of BNS, 2023, Sections 63/65 of Copyright Act, 1957 and Sections 103/104 of Trade Marks Acxt, 1999, pending in court of learned Sub Divisional Judicial Magistrate, Bermo at Tenughat.
Learned counsel for petitioners appearing through Video Conferencing submits that the petitioner no.1 is proprietor of Kushwaha Beej Bhandar and he has been in the seed business for the last 20 years without a single complaint. He next submits that the petitioner no.2 is a salaried employee of the petitioner no.1 who was merely present at the shop during the inspection. He next submits that the allegation is that the petitioners have kept duplicate pack of M/s ADVANTA Radhika Fi Hybrid Bhindi. He next submits that the petitioners have purchased the said pack from the wholesaler and was selling the same in the shop. He next submits that the petitioners have got no criminal antecedent and in view of that the petitioners may kindly be granted anticipatory bail.
Learned State counsel opposes prayer and submits that allegations are there of keeping the duplicate pack of the said M/s ADVANTA Radhika Fi Hybrid Bhindi.
Considering that the petitioner no.1 is proprietor of said Kushwaha Beej Bhandar and he has been in the seed business for the last 20 years and the petitioner no.2 is only an employee of the petitioner no.1 and it has been pointed out that the FIR was lodged after 24 days of the said inspection and it has been further pointed out that the said seek/pack was purchased from the whole-seller and the petitioners are having no criminal antecedent as aforesaid, I am inclined to grant anticipatory bail to both the petitioners.
Accordingly, both the petitioners, above named, are hereby directed to surrender before learned court within three weeks from today, and in event of their surrender/arrest, both the petitioners, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each, with two sureties of like amount each, to satisfaction of learned Sub Divisional Judicial Magistrate, Bermo at Tenughat, in connection with Petarwar P.S. Case No.54 of 2026, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023.