Dulari Devi v. The State of Bihar
Case brief
What is this about?
Patna High Court, Criminal Miscellaneous No.50522 of 2024, decided 29-07-2024 by Satyavrat Verma, J. Anticipatory bail (Section 438(2) Cr.P.C.) in a prohibition/excise matter: Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 read with Sections 272, 273 and 414/34 IPC; alleged recovery of 216 litres of liquor from the petitioner's courtyard with a motorcycle; submissions on absence of conscious possession, deemed possession and presumed offender done away with by the 2018 Excise Act amendment, joint family property, and non-ownership of the seized vehicle; woman petitioner with clean antecedent; bail bond Rs. 500 with two like sureties; order conditional on trial-court verification of antecedents. Parties: Dulari Devi v. The State of Bihar. Advocates: Bhavesh Kumar Sah (petitioner); Manoj Kumar, A.P.P. (State).
What did the court decide?
Anticipatory bail: release in the event of arrest or surrender within six weeks on furnishing bail bonds of Rs.500/- with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions, and effective only if the trial court verifies that the petitioner has no criminal antecedents.