Lavkush Kumar v. the State of Bihar
Case brief
What is this about?
Patna High Court, Crl. Misc. No. 18700 of 2024, order dated 20-03-2024, Satyavrat Verma, J. Lavkush Kumar v. The State of Bihar - anticipatory bail granted in case under Section 30(a) of the Bihar Excise Act (Karpi P.S. Case No. 23 of 2024, Thana Karpi, District Jehanabad). Key arguments: no conscious possession (not arrested from spot); house is joint family property so certainty of custody of liquor denied; deemed possession and presumed offender concepts removed by 2018 amendment to Excise Act; implication via secret information alleged; three antecedent cases admitted; 300 ml liquor recovery alleged. Relief: bail bond Rs. 15,000 with two like sureties, surrender window of six weeks, subject to S. 438(2) Cr.P.C. conditions. Useful search terms: anticipatory bail, Bihar Excise Act S. 30(a), deemed possession, presumed offender, conscious possession, joint family property, secret information, excise liquor recovery.