Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20739 of 2012 ====================================================== Shivanand Vishwakarma .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.30736 of 2012 ====================================================== Anil Kumar Azad .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 14-08-2012 Heard learned counsels for the petitioner and the State. The petitioners being the manager of warehouse corporation, Tilrath in the district of Begusarai and the procuring agent are apprehending arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that due to keeping the grains locked, the quality of the wheat got deteriorated. It is submitted on behalf of Shivanand Vishwakarma that he was appointed as a procuring agent of the paddy on 15.12.2011 for Tilrath Tegra warehouse corporation whereas the Letter no. 663 of 2011 dated 16.12.2011, as contained in Patna High Court Cr.Misc. No.20739 of 2012 (3) dt.14-08-2012 2/2 Annexure-5, of the District Magistrate, by which direction was issued for lodging criminal case, reflects that the inspection was done on 16.12.2011. It is submitted on behalf of Anil Kumar Azad that the inspection report (Annexure-2) dated 29.12.2011 reflects that the quality of the wheat was not deteriorated rather 320 bags of wheat got infected with insects. The said enquiry report was signed by the informant as well as other officers of the warehouse corporation and thereafter the case has been lodged on 17.01.2012. Considering the inconsistencies between the prosecution case and the enquiry report, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Barauni P.S. Case No. 21 of 2012, subject to the conditions as laid down under Section 438(2) Cr.P.C. 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.