Rudal Sah v. The State of Bihar
Anticipatory bail – Section 30(a), Bihar Prohibition and Excise (Amendment) Act
Case brief
What is this about?
Patna High Court, Criminal Miscellaneous No.64464 of 2024, decided 05-09-2024 by Justice Satyavrat Verma. Rudal Sah v. The State of Bihar. Anticipatory bail under Section 438 Cr.P.C. for offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act; Paharpur P.S. Case No. 81 of 2024, East Champaran. Allegation of 7 liters liquor recovered from joint family house; no arrest from spot; 2018 Excise Act amendment and deemed possession argued by counsel; implication at instance of Chowkidar. Bail bond Rs. 5,000/- with two like sureties; Special Judge, Excise Court No. 1, East Champaran, Motihari; Section 438(2) conditions; application allowed.
What did the court decide?
Anticipatory bail: petitioner to be released on bail on arrest/surrender within six weeks, on furnishing bail-bonds of Rs. 5,000/- with two sureties of the like amount each, to the satisfaction of the learned Special Judge, Excise Court No. 1, East Champaran, Motihari, in connection with Paharpur P.S. Case No. 81 of 2024, subject to conditions under Section 438(2) Cr.P.C.