Case Facts:
Patna High Court Cr.Misc. No.21429 of 2012 (4) dt.31-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21429 of 2012 ==================================================== Upendra Sahani .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 4 31-07-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody in a case registered under Section-47(A,B,C,F) of the Excise Act and [STATUTE] . It would appear from perusal of the first information report that in huge quantity country-made liquor and equipment for manufacturing the country-made liquor were recovered from the bamboo orchard of the petitioner as well as co-accused, Birendra Sahani who happens to be brother of the petitioner and furthermore, the machine and wrappers were recovered from the house of the petitioner and co-accused, Birendra Sahani. Learned counsel for the petitioner points out that co-accused, Birendra Sahani had filed anticipatory bail before this court and vide order dated 20-03-2012 passed in Cr. Misc. No. 8300 of 2012, the prayer of anticipatory Patna High Court Cr.Misc. No.21429 of 2012 (4) dt.31-07-2012 bail of co-accused, Birendra Sahani was disposed of, by this court observing that, if co-accused, Birendra Sahani surrenders within a period of six weeks before the trial court, his regular bail should be considered by the concerned court. It is further contended by him that in view of the aforesaid observation, learned Chief Judicial Magistrate, East Champaran, Motihari had already been granted privilege of bail to co-accused, Birendra Sahani and the case of this petitioner is more or less on similar footing to that of co-accused. I am not at all convinced with the submission of learned counsel for the petitioner and taking into consideration the huge recovery as well as this aspect of the matter that the petitioner carries criminal antecedent of same nature, I am not inclined to release the petitioner on bail and accordingly, his prayer for bail in connection with Chakiya jP.S. Case No. 205 of 2011 pending in the court of Chief Judicial Magistrate, East Champaran (Motihari) is rejected at least, at this stage. A.K.V./- (Hemant Kumar Srivastava, J)

Applicable IPC Section: 272

Statute Text:
Section 272 of the Indian Penal Code. Adulterating food or drink intended for sale, so as to make the same noxious. Whoever adulterates any article of food or drink, so as to make such article noxious as food or drink, intending to sell such article as food or drink, or knowing it to be likely that the same will be sold 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.