Aarif @ Md. Aarif Alam v. The State of Bihar
Case brief
What is this about?
Anticipatory bail granted, Patna High Court, Criminal Miscellaneous No.74346 of 2024, dt. 13-11-2024, Anil Kumar Sinha J. Petitioner Aarif @ Md. Aarif Alam apprehending arrest in Chautham P.S. Case No. 174 of 2024 (08.06.2024), District Khagaria, registered under Section 30(a) Bihar Prohibition and Excise (Amendment) Act 2022. Recovery of 05 liters country made liquor and manufacturing apparatus from a maize field (open space); not from conscious possession or house of petitioner; counsel claimed Section 100 Cr.P.C. search-and-seizure procedure not followed. Release ordered within four weeks on bail bond Rs. 10,000/- with two like sureties before Exclusive Special Judge Excise-I, Khagaria, subject to Section 438(2) Cr.P.C. conditions. No precedent cases cited.
What did the court decide?
Anticipatory bail granted: petitioner to be released on arrest or surrender within four weeks on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each before Exclusive Special Judge Excise-I, Khagaria, subject to conditions under Section 438(2) of the Cr.P.C.