Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.49049 of 2012 ====================================================== 1. Mukesh Choudhur. 2. Chandan Choudhur. .... .... Petitioners. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 18-12-2012 Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Section 47(a) of the Excise Act, [STATUTE] . The accusation is of recovery of sprit from the house of petitioner no.1. It is submitted that there is no accusation against the petitioner no. 2 when petitioner no. 1 was not present when recovery was made. A statement has been made in paragraph no. 11 the petition that the petitioners have no criminal antecedent. Let the learned court below consider regular bail of petitioner no.1, if he surrenders within a period of six weeks from the date of receipt of copy of this order in connection with Pipra P.S. Case No. 221 of 2012 pending in the court of the learned Patna High Court Cr.Misc. No.49049 of 2012 (2) dt.18-12-2012 2 / 2 2 C.J.M. East Champaran at Motihari. With this observation, the anticipatory bail application of petitioner no.1 is disposed off. Let the order be faxed to the learned court below at the cost of the petitioners. Considering the aforesaid facts, let the petitioner no.2 except petitioner no.1 above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Pipra P.S. Case No. 221 of 2012 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. East Champaran at Motihari, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (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.