How can one get bail convicted in liquor consumption case

The government of Bihar has made an announcement that the person if caught drinking alcohol for the second time then it amounts to the imprisonment of a year and the person caught for the first time will only have to pay the penalty and if the penalty is not paid then will be liable for the one month imprisonment.

As  we all  know that the Constitution of India under the Directive Principle of State Policy the state has the power to make rules and regulations to prohibit the consumption of any kind of intoxicating drink or any such drugs that are injurious for the health of the general public.

In India four of the states have banned alcohol these states are Nagaland, Gujarat, Bihar, Mizoram) these mentioned states have restricted the sale and consumption of alcohol.

The act of 2016 that is the BIhar Prohibition and Excise Act this was enacted and enforced the complete ban on liquor in BIhar, as per the act bottling, manufacture, distribution, collection, storage, sale, purchase or consumption of liquor in the state is prohibited, more than 400000 FIR’s were lodged under this act and the enormous number of case were thus pending and after that the act was amended and certain provisions were made less punitive than it was earlier

This bill certifies that all the offence related to this act are subject to summary trial by an Executive Magistrate, here the executive magistrate have the power as the judicial magistrate second class, the first time offender are asked to pay the fine and in the case the offender is caught for the second time then the state government has the power to impose extra fine and imprisonment to the offender.

Now the question is that how to get bail for those person who get arrested in Bihar for the consumption of liquor 

Here are certain provision that are being mentioned for the bail under the Cr.P.C

Bail is referred as when an accused person in criminal case is released temporarily there are three types of bail and those are:

Regular Bail:

When the person is arrested or is in police custody then that particular person is granted the regular bail which is filed under section 437 and 439 of the CrPC.

Interim Bail:

This is a type of bail that is granted for a very short period of time before the hearing starts.

Anticipatory bail:

This provision for Anticipatory bail falls under the section 438 of the CrPC, a person can apply for the anticipatory bail when such person thinks that he may get arrested  for the offence that is non-bailable.

When Bail gets rejected?

• The courts have the power to cancel the bail at any time or at any stage
• These falls under the section 437(5) and 439(2) of the Crpc 
• The bail is cancelled when the person for whom the bail is being asked is indulged in any criminal activity or misused his/her liberty
• If there is interference of the accused during the course of investigation 
• If the individual had tried to tamper the evidence
• If the person is not available during the course of investigation 
• The High Court and the session court have the power to grant the bail and also have the power to cancel the bail.

How can Lead India help?

Lead India have the specialised advocates in Bihar who have an expertise on Criminal law, they will help you in filing the bail application and help you to get the bail.