Case Facts:
Patna High Court Cr.Misc. No.41046 of 2012 (2) dt.06-11-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41046 of 2012 ====================================================== Tejan Mahto .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 06.11.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 2.9.2012 in a case registered under [STATUTE] and 47A of the Excise Act. Admittedly, the petitioner was neither caught at the spot nor anything was recovered from his conscious possession and the alleged recovery has been made from a Gumti which belongs to the petitioner. No doubt, 1500 country made pouches were recovered from the Gumti of the petitioner but considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, Tejan Mahto, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Ara in Barhara P.S. Case no. 187/2012. Shahid (Hemant Kumar Srivastava,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.