Poll strategist Prashant Kishor has filed an anticipatory bail petition in the Patna Civil court, in a case related to Intellectual Property Rights filed against him by Congress leader Shashwat Gautam. The case is to be heard on March 7.
Gautam had filed an FIR against Kishor in Patliputra police station, Patna, stating, "Kishor had illegally used the content and data stolen from my laptop to launch his campaign 'Baat Bihar Ki.' He had also stated, "I had already registered a domain name 'Bihar Ki Baat' on January 7 this year whereas Kishor registered his domain name 'Baat Bihar ki' on 16th February."
Gautam also alleged, "One of his associates Osama shared the content of "Bihar ki Baat " with Prashant Kishor."
After hearing the argument the District & sessions judge called for the case diary and transferred the case to ADJ-12 to be heard on March 7.
Prashant Kishor's counsel Anshul said, "Anticipatory bail petition will be heard on March 7 and the case has been transferred to ADJ-12. We have said in our petition that this case of IPR does not fall in the purview of IPC. There is a separate forum for copyright, Trademark, Patent, IPR. Prashant Kishor will also file a separate in the Patna High court to get this case quashed."
Sashwat Gautam maintains that it's a case of forgery and deceit and he will only withdraw the case if Prashant Kishor tenders a public apology.
Gautam's counsel Sangeet Deokuliar said, "Prashant Kishor has filed an anticipatory bail petition before the civil court Patna which was heard on March 3 where he learned that the District Judge has called for the case diary and the next date of hearing of anticipatory bail petition has been fixed for March 7. We will oppose the bail petition of Kishor on the ground mentioned in the FIR."
Kishor's bail petition would be heard on March 7 and Gautam has decided to oppose the bail petition. On the other hand, Kishor also plans to move to the Patna High Court to get the case quashed.
The FIR against Prashant Kishor and Osama has been lodged under sections 467( forgery ) 468( cheating), 471( using a genuine forged document or electronic record ), 420( cheating and dishonestly inducing delivery of property ),406 (punishment for criminal conspiracy ) and 120 B ( criminal conspiracy ) of Indian penal code.