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: 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.