IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1138 of 2010 Ram Prasad Sao, son of Late Ram Lagan Sao, Village- Sahar Telpa, P.S. Karpi, District- Arwal. …………….Petitioner. Versus The State of Bihar ………………………..Opposite Party. ----------- 2. 06. 04. 2010. Heard Mr. Ramakant Sharma, learned senior counsel appearing on behalf of the petitioner, and D. Mehta, learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Complaint Case No. 90/2005, Trial No. 1120/2009, in which cognizance has been taken under Sections 420, 269 and 273 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that offence under Sections 269 and 273 of the Penal Code are bailable one and Section 420 of the Penal Code is not applicable in the facts and circumstances of the present case. It is submitted that petitioner, having a grocery shop at Village- Sahar Telpa, is alleged to have sold certain articles to the complainant on 25. 02. 2005 on the occasion of Sharadh ceremony, but there is no material to show that because of adulterated food materials supplied by the petitioner certain persons had fallen ill. In fact, the petitioner is not the manufacture of the articles sold by him and that allegation is against other co-accused persons. On query made by the Court, it was stated that, though, cognizance has been taken in the year 2005, but summons were never served upon the petitioner till date. 2 Learned counsel for the State has not disputed the aforesaid submissions made on behalf of the petitioner, though, he has opposed the prayer for grant of anticipatory bail. In that view of the matter, petitioner, namely, Ram Prasad Sao, in the event of his arrest/surrender within a period of four weeks from today, shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jehanabad, in connection with Complaint Case No. 90/2005, subject to the conditions as laid down under Section 438(2) of Cr.P.C. m.p. ( Birendra Prasad Verma, J.)