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: 486

Statute Text:
Section 486 of the Indian Penal Code. Knowingly selling goods marked with a counterfeit property mark. Whoever sells, or exposes, or has in possession for sale, any goods or things with a counterfeit property mark affixed to or impressed upon the same or to or upon any case, package or other receptacle in which such goods are contained, shall, unless he proves that, having taken all reasonable precautions against committing an offence against this section, he had at the time of the commission of the alleged offence no reason to suspect the genuineness of the mark, and that, on demand made by or on behalf of the prosecutor, he gave all the information in his power with respect to the persons from whom he obtained such goods or things, or that otherwise he had acted innocently, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.