VIDYA SAGAR CHAURASIYA v. STATE OF BIHAR

Heard the parties. The petitioners are accused in a case under sections 102, 103, 104 an d 411 of the Trade Mark Act, 1999 and section 420 of the Penal Code. The allegation is that the petitioners were using the trade mark of the complainant. The complainant’s business is more than fifty years old and as such the complainant’s business was suffering due to clash in the use of the trade mark. Learned counsel for the petitioners submits that the sections under the Trade Mark Act are bailable and the only non-bailable section is 420 of the Penal Code. It is submitted that the offences under section 420 of the Penal Code are not made out on the plain reading of the complaint petition and the complainant has only applied for the trade mark and has not been granted the licence. Be that as it may, the petitioners, namely, 1 Vidya Sagar Chauyrasia and 2. Anand Sagar Chaurasiya are directed to be released on anticipatory bail in the event of their arrest or surrender in Samastipur (T) PS Case No. 387/2008 on furnishing bail bonds of rupees ten thousand each with two sureties of the like amount each to the satisfaction of the C.J.M., Samastipur subject to the conditions laid down under section 438(2) of the Cr.P.C. (Sheema Ali Khan, J.)