IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19053 of 2009 DEEPAK BHARTIYA S/o Shyam Sunder Bhartiya resident dof Mohalla Sikandarpur P.S.Town Dist. Muzaffarpur Versus Petitioner STATE OF BIHAR ----------- 2 28.05.2009 Heard learned counsel for the parties. The petitioner apprehends arrest in relation to Complaint Case no.281 of 2004 for offence allegedly committed by the petitioner under section 16(1)(a)(i) of the Prevention of Food Adulteration Act,1954. In regard to delay in moving anticipatory bail, it is stated with reference to the order sheet that the petitioner was summoned for the first time in the case on 12.12.2008 and thereafter without recording as to whether summon was served or not, on the next date bailable warrant was issued and now non-bailable warrant of bail was issued. There is no service report on the record. It is further submitted that so far the prosecution is concerned, it is mis-conceived the samples were taken in unsealed condition inasmuch as report having been received it was not disclosed to the petitioner. It is long thereafter on 17.3.2004 the complaint itself was filed that renders the prosecution case not maintainable. In the events of arrest or surrender before the court below within four weeks from today, the petitioner( Deepak Bhartiya ) shall be released on bail on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur in Complaint Case no. 281 of - 2 - 2004 subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. shahid (Navaniti Prasad Singh , J)