Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.4029 of 2012 ====================================================== Vimal Dubey@Vimal Kumar Dubey .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 08-02-2012 Learned counsel for the petitioner is permitted to make necessary correction in the prayer portion. Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered under [STATUTE] . The accusation is of recovery of fake ghee and equipment for manufacturing the same. It is submitted by learned counsel for the petitioner that the petitioner was not present in the house and the same was let out to some other person, moreover the police personel have deliberatedly not lodged the case under the provisions of Prevention of Food Adulteration Act, since they were not Patna High Court Cr.Misc. No.4029 of 2012 (2) dt.08-02-2012 2 / 2 2 authorized to lodge the case under the said Act. It is further submitted that from the F.I.R. it does not appear that the alleged ghee was sent to any analyst for examination and the mechanical lodging of the case is opponent from the fact that the case has been registered under [STATUTE] without any accusation to that effect. Considering the suspicious nature of accusation, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing the bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 588 of 2011 subject to the conditions as laid down under Section 438(2) of the Cr. P.C. The petitioner will file an affidavit before the learned court below that he will regularly co-operate in the investigation. The said affidavit will be transmitted to the concerned I.O. by the learned court below. Amrendra/- (Dinesh Kumar Singh, J)

Applicable IPC Section: 487

Statute Text:
Section 487 of the Indian Penal Code. Fraudulently marking a false mark upon any package or receptacle containing goods, with intent to cause it to be believed that it contains goods which it does not contain, etc. Whoever makes any false mark upon any case, package or other receptacle containing goods, in a manner reasonably calculated to cause any public servant or any other person to believe that such receptacle contains goods which it does not contain or that it does not contain goods which it does contain, or that the goods contained in such receptacle are of a nature or quality different from the real nature or quality thereof, shall, unless he proves that he acted without intent to defraud, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.