IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16174 of 2008 NAND KISHORE PRASAD & ANR Versus STATE OF BIHAR ----------- 2 6.5.2008 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in a case under Section 1691)(a)(i)(ii) of Prevention of Food adulteration act,1954. These petitioners are owner of Kirana shop. They are also selling Dillagi Dalmot manufactured by one Maan Grih Udyog India. The same was found misbranded on account of violation of Rule 32 of Prevention of Food Adulteration Rules, 1955. It is submitted by the learned counsel for the petitioners that these petitioners are not liable for any violation of Rule 32 of Prevention of Food Adulteration Rules. It is the duty of the manufacturer to display batch number and date of manufacture etc. The petitioners cannot be made liable for such defect. Having regard to the facts and circumstances, in the event of arrest or surrender within four weeks of receipt of this order, the petitioners, namely, Nand Kisore Prasad and Abhay Kumar shall be released on bail on furnishing bail bond of Rs.5,000/-(Five thousand) each with two sureties of the like amount each to the satisfaction of the Sub-divisional Judicial Magistrate,Gaya in G.O.Case No.4/2006 subject to conditions as laid down under Section 438(2) Cr.P.C. B.Jha (Ghanshyam Prasad)