Kanhai Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33150 of 2015 Arising Out of PS.Case No. -6 Year- 2011 Thana -GOVERNMENT OFFICIAL COMP. DistrictSITAMARHI ====================================================== Kanhai Prasad, son of Shri Vishwanath Sah .... .... Petitioner/s

Versus

1. State of Bihar

2. Birendra Kumar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Verma, Advocate For the Opposite Party/s : Mr. Kalyan Shankar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-08-2015 Learned counsel for the petitioner is permitted to make necessary correction in the petition.

Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Section 16(1-a) (i) (ii) of The Prevention of Food Adulteration Act. It is alleged that from the shop of the petitioner sample of popcorn was taken and sent to drug laboratory where presence of basic dye, an un-permitted synthetic coloring, was found.

It is submitted by learned counsel for the petitioner that the shop, in question, from where the sample of popcorn was collected is of the brother of the petitioner namely, Gopal

Patna High Court Cr.Misc. No.33150 of 2015 (2) dt.12-08-2015 2/2 Prasad.

Under the circumstances, let the learned Court below consider the prayer for regular bail of the petitioner, preferably on the same day, if the petitioner surrenders within a period of six weeks in connection with Trial No.1331 of 2015 arising out of C2/6/2011, pending before the learned Sub-Divisional Judicial Magistrate, Sadar, Sitamarhi.

With the above observation, this application is, accordingly, disposed off.

(Dinesh Kumar Singh, J) Ashwini/- U T