Yakub @ Yakub Ali vs. The State Of Bihar

Facts

The petitioner, Yakub @ Yakub Ali, proprietor of Milan Biri Factory No.1 Asli Hira, apprehends arrest in Araria Police Station Case No. 293 of 2021. The prosecution alleges that police raided the petitioner's factory and recovered packets of bidis of different brands. The petitioner claims innocence, stating he has no connection to the alleged recovery of bidis from Ajhar Biri Factory. He asserts he pays GST on his own brand and has no criminal antecedents. The case involves offences under sections 420/120B of the Indian Penal Code and sections 63, 65, and 68 of the Copyright Act.

Held

The Court allowed the petitioner's prayer for bail. Considering the facts presented, including the petitioner's assertion of innocence, his claim of paying GST on his own brand, and the lack of criminal antecedents, the Court found it appropriate to grant anticipatory bail. The reasoning hinges on the petitioner's submission that he has no connection to the alleged infringing bidis and that he is compliant with GST regulations for his own products. The Court did not delve into the merits of the Copyright Act or IPC charges beyond what was necessary to consider the bail application. The operative direction is that the petitioner be enlarged on bail upon arrest or surrender within six weeks, subject to furnishing a bail bond of Rs. 10,000/- with two sureties of like amount, to the satisfaction of the Chief Judicial Magistrate, Araria, and subject to the conditions under section 438(2) of the Code of Criminal Procedure.

Key Issues

1. Whether the petitioner has committed an offence under sections 420/120B of the Indian Penal Code and sections 63, 65, and 68 of the Copyright Act, considering the recovery of bidis from his factory. Petitioner's Arguments: The petitioner contends that he is innocent and has been falsely implicated due to ulterior motives. He argues that he is the proprietor of Milan Biri Factory No.1 Asli Hira and has no association with the alleged recovery of bidis from Ajhar Biri Factory. He further submits that he pays GST on his own brand, implying no infringement of copyright. The petitioner also states he has no criminal antecedents. Revenue/State's Arguments: The judgment does not record any specific arguments made by the State.