IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.871 of 2011 TEJ KARAN JAIN Son of Sri Bhangi Lal Jain, resident of mohalla Sikandarpur, Police Station Town, District Muzaffarpur … … Petitioner Versus THE STATE OF BIHAR… .. OPPOSITE PARTY For the Petitioner: Mr. N.K. Agrawal, Sr. Advocate For the State : Mr. U.S.P. Singh, APP ----------- 2 13.01.2011 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for offences under Section 29 of the Insecticides Act, section 420 of the Indian Penal Code and section 7 of the Essential Commodities Act. According to the complaint, the sample of the concerned insecticide, which was being sold by the petitioner in his shop, was found to be misbranded. Upon the request of the co-accused, the second sample of the insecticide was got examined by the expert, however, the result was the same and the sample was found to be misbranded, thus, the present complaint has been filed with an allegation that the misbranded insecticide was sold by the petitioner in collusion with others. 2 It is submitted on behalf of the petitioner that as per the allegation, the ingredients of the Essential Commodities Act are not made out. The petitioner has got licence for selling insecticides, however, the same has not been manufactured by the petitioner rather the same has been manufactured by the accused Company, namely, M/s Crystal Phosphate Limited. The petitioner only sells the product manufactured by the aforesaid Company. Thus, it is submitted that there was no means available to the petitioner to know as to whether the product supplied by the manufacturer is misbranded or not. Susequently, the petitioner has stopped selling the produce of the Company. It is also submitted that since the product was supplied to the petitioner, it could not be deemed to be misbranded. Considering the facts and circumstances of the case, in the event of arrest or surrender of the petitioner, Tej Karan Jain, within a period of four weeks from today in Complaint Case No. C-01/2010/T.R. No. 2254/10, he shall be released on bail on furnishing bail bond of Rs. 10,000/-(rupees ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., East 3 Muzaffarpur, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. SC (Dr. Ravi Ranjan, J.)