Vikash Kumar v. The State of Bihar
Case brief
What is this about?
Patna High Court, CRIMINAL MISCELLANEOUS No. 12677 of 2024, decided 05-03-2024 by Satyavrat Verma, J. Anticipatory bail allowed under S. 438 Cr.P.C. in case arising from Hajipur Sadar P.S. Case No. 933 of 2023, District Vaishali, for offence under Section 30(a) of the Bihar Prohibition & Excise Amendment Act, 2018. Alleged recovery of 135 litres of liquor from a bush near Gandak river; defence: no arrest from spot, no conscious possession, recovery point public and accessible, implication at instance of Chowkidar due to enmity; petitioner no. 1 clean antecedents, petitioner no. 2 two cases; A.P.P. Gulnar Begum opposed; counsel Anil Kumar for petitioners. Relief: release on bail on arrest/surrender within six weeks on bail bonds of Rs. 10,000/- each with two sureties of like amount, subject to S. 438(2) Cr.P.C. conditions. No precedents cited.
What did the court decide?
Anticipatory bail to both petitioners in connection with Hajipur Sadar P.S. Case No. 933 of 2023, conditioned on arrest or surrender before the learned trial court within six weeks, on bail bonds of Rs. 10,000/- each with two sureties of the like amount each, subject to the conditions under Section 438(2) Cr.P.C.