Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44373 of 2012 ====================================================== 1. Sanjay Jaiswal @ Sanjay Kumar Jaiswal, S/o Late Ram Chandra Prasad, R/o Village – Lakri Dargah, P.S. – Barharia, District – Siwan (Bihar) 2. Ashok Jaiswal S/o Chandrika Jaiswal, R/o Village – Sewarhi, P.S. – Sewarhi, District – Kusi Nagar (U.P.) .... .... Petitioners Versus The State Of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL ORDER 2 17-12-2012 Heard learned counsel for the petitioners and the State. Petitioner no.1 is an excise licensee. Petitioner no.2 is the Salesman of petitioner no.1. They have been made accused in connection with Uchkagaon P.S. Case No. 29/2012 dated 18.2.2012 for the offence under [STATUTE] and Section 47 (A) of the Excise Act, as materials to connect them with illicit liquor trade has been found in their shop. It is submitted on behalf of the petitioners that materials to connect the petitioners with illicit liquor trade were found at the instance of Boolu Manjhi @ Golu, as such, petitioners deserve to be granted bail in the event of arrest. It is further submitted that one Rajesh Manjhi whose shop was also inspected on the same day and against him also similar case was registered Patna High Court Cr.Misc. No.44373 of 2012 (2) dt.17-12-2012 2 / 2 2 has been admitted to the privilege of bail under orders dated 30.7.2012 passed in Cr. Misc. No. 26477 of 2012, Annexure-4. Reliance placed by the counsel for the petitioners on the orders dated 30.7.2012 passed in Cr. Misc. No. 26477 of 2012, Annexure-4 is misconceived, as the said order has been passed taking note of the minor allegation levelled against that petitioner. Petitioner no.1 is another excise licensee. In the shop of these petitioners illegal spirit has been found in five drums. In such circumstances, I am not inclined to admit the petitioners to the privilege of bail in the event of arrest. They are, however, directed to surrender in the court of Chief Judicial Magistrate, Gopalganj in connection with Uchkagaon P.S. Case No. 29/2012 within 30 days from the date of receipt of this order in the court below and apply for regular bail. Arjun/- (V.N. Sinha, J)

Applicable IPC Section: 272

Statute Text:
Section 272 of the Indian Penal Code. Adulterating food or drink intended for sale, so as to make the same noxious. Whoever adulterates any article of food or drink, so as to make such article noxious as food or drink, intending to sell such article as food or drink, or knowing it to be likely that the same will be sold as food or drink, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.