Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39020 of 2012 ====================================================== Prakash Byahut @ Sri Prakash Byaht .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 12-10-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under [STATUTE] and section 47(a) of the Excise Act. When the police reached the licensee liquor shop of the petitioner, it was found that on the verandah of the shop 48 sachets of 200 ml and 29 sachets of 400 ml of country made liquor were being sold by the sales man of the petitioner. It is submitted that petitioner is licensee of country made and foreign liquor and it is not alleged that sale was being made from the shop rather from the verandah after the prescribed hour of sale. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten Patna High Court Cr.Misc. No.39020 of 2012 (2) dt.12-10-2012 2/2 thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Saran in connection with Bhagwan Bzar P.S. Case No. 160 of 2012 subject to the conditions as laid down under Section 438(2) Cr.P.C. The bail bonds of the petitioner will be accepted on filing of an affidavit by the petitioner before the learned court below that he will regularly cooperate with the investigation. The said affidavit will be transmitted by the learned court below to the concerned I.O. Non cooperation in investigation by the petitioner will give liberty to prosecution to file application for cancellation of bail by learned court below. Anil/- (Dinesh Kumar Singh, J)

Applicable IPC Section: 273

Statute Text:
Section 273 of the Indian Penal Code. Selling any food or drink as food and drink, knowing the same to be noxious. Whoever sells, or offers or exposes for sale, as food or drink, any article which has been rendered or has become noxious, or is in a state unfit for food or drink, knowing or having reason to believe that the same is noxious 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.