Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19191 of 2012 ====================================================== 1. Vikash Kalwar @ Vinod S/O Raju Prasad Kalwar Resident Of Village- Mil Road Mirganj, P.S.- Mirganj, District- Gopalganj .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.20785 of 2012 ====================================================== 1. Rajnish Bhagat S/O Lakshmi Bhagat Vill.- Siyadi Karn Tola Harnwah, P.S.- Barharia, Distt.- Siwan 2. Mithilesh Chaudhary S/O Chhabila Chaudhari Vill.- Siyadi Khurd, P.O.- Barharia, Distt.- Siwan .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : (In Cr.Misc. No.19191 of 2012) For the Petitioner/s : Mr. For the Opposite Party/s : Mr. (In Cr.Misc. No.20785 of 2012) For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH Patna High Court Cr.Misc. No.19191 of 2012 (2) dt.20-06-2012 2 / 3 2 ORAL ORDER 2 20-06-2012 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case registered for offence punishable under [STATUTE] and Section 47 A and 49 of the Excise Act. 200 litres of spirit was recovered near the petrol pump. One Tuntun Ram was apprehended who disclosed the names of the petitioners. Rajnish Bhagat is the owner of the vehicle in question and Mithilesh Chaudhary was the driver. It is submitted that no recovery has been made from the petitioners and only on the basis of the statement of Tuntun Ram petitioners have been implicated in this case. The other co-accused namely Vikash Kalwar and Sanjay Pandey have been granted anticipatory bail by this Court in Cr. Misc. no.19191 of 2012 and Cr. Misc. No.8271 of 2012 respectively. Considering the aforesaid facts, let petitioners named above be released on anticipatory bail in the event of arrest or surrender before the learned court below within a Patna High Court Cr.Misc. No.19191 of 2012 (2) dt.20-06-2012 3 / 3 3 period of twelve weeks from today in connection with Mirganj P.S. case no.196 of 2011 on furnishing bail bond of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of the C.J.M., Gopalganj, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. sudip/- (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.