IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30147 of 2011 Jhutan Kamat, Son of Shri Maithur Kamat, resident of Kaithainia, near Railway Gumti, P.S.-Jhanjharpur, District-Madhubani. Versus The State of Bihar ----------- 2. 08.09.2011 Heard learned counsel for the petitioner and learned counsel appearing for the State. The petitioner apprehends arrest in connection with a case registered for the offence under Section 16 and 32 of Prevention of Food Adulteration Act. As per prosecution case, the Food Inspector prepared sample of Khajoor Vanaspati taken from the shop of the petitioner and sent it to Public Analyst, who has reported that the seized item was adulterated and mis-branded. The Analyst report further shows that batch number and date of manufacturing are not clearly mentioned on the packet, which were taken from the shop of the petitioner. It is submitted on behalf of the petitioner that when the seizure was made, the petitioner was not present at his shop. His signature was not taken by the Food Inspector on the seizure list. It is also submitted that the petitioner is a small shopkeeper and he is not a manufacturer. The alleged search and seizure was made in contravention to the rules prescribed under the Act. It is also submitted that as per prosecution case only three packets of Khajoor Vanaspati each containing 200 ml. and three packets of Raja Makhana Bite Biscuits are alleged to have 2 seized. Even from the prosecution report, it would appear that the seized items were manufactured by Bhatinda Chemicals Ltd., situated at link Road, Bhatinda and Raja Udyog Pvt. Ltd., situated at Kolkata. Taking into consideration the facts and circumstances of the case, let the petitioner, namely Jhutan Kamat in the event of his arrest or surrender before the Court below within a period of four weeks from the date of receipt/communication of this order, be released on bail on furnishing bail bonds of Rs. 5,000/- (Five thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Jhanjharpur in connection with G.O. Case No. 89/2009 subject to the conditions as laid down under Section 438(2) Cr. P.C. Sanjeet (Ashwani Kumar Singh, J.)