• Caught with 2 Litre Alcohol in Bihar & Completed 44 hrs Jail term in Central Jail Purnia

Hello Sir,

Sir I am in great trouble.
I am a PG graduation student. Coming to my case I along with my friend was caught with Alcohol in Bus at Bihar-Bengal Checkpost (28 April 2022). We both accepted the fault police took us to custody from there we were taken to excise magistrate, where magistrate told police to keep them in Jail (Central Jail Purnia) after that we got bail after 44 hrs(30 April 2022). 1 year after that no one called us regarding the case. Sir will these case effect my Job careers in Selection at government post. What should I do. I belong to Madhya Pradesh my friend belongs to Rajasthan. Unfortunately, My friend died in a bike accident last year in the month of June.
Asked 1 year ago in Criminal Law
Religion: Hindu

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8 Answers

it should not affect your  career 

 

2) you should however disclose pending case against you 

Ajay Sethi
Advocate, Mumbai
97483 Answers
7880 Consultations

This is a criminal record against your name.

This will certainly cause an adverse impact to your career if found during the verification of character and antecedents through police by your employer or government for an appointment. 

You cannot suppress the information in the application form.

 

T Kalaiselvan
Advocate, Vellore
87684 Answers
2354 Consultations

You have been caught with alcohol in Bihar, where there is a complete prohibition of liquor since April 2016. According to the Bihar Prohibition and Excise Act, 2016, any person who manufactures, bottles, distributes, transports, collects, stores, possesses, purchases, sells or consumes any intoxicant or liquor is liable to be punished with imprisonment and fine. The punishment may vary depending on the quantity of liquor involved and the number of offences committed. For example, if a person is caught with more than 5 litres of liquor for the first time, he may be punished with imprisonment for a term which may extend to five years and with fine which may extend to one lakh rupees.

You have been arrested and sent to jail for 44 hours before getting bail. This means that you have a criminal record which may affect your job prospects in the government sector. According to a Supreme Court judgment, a person facing criminal cases cannot be considered suitable for appointment in government service unless acquitted of the charges. The court also held that the employer has the right to verify the antecedents of the candidates and reject those who have criminal cases pending against them.

Therefore, if you want to apply for a government job, you may have to disclose your criminal record and face the possibility of rejection. You may also have to undergo a background verification process which may include checking your court records and police records. You may also have to produce a certificate of good conduct from the authorities concerned.

However, you have also mentioned that no one called you regarding the case for one year. This may mean that the case has not been pursued by the prosecution or that there is some delay or error in the judicial process. You should try to find out the status of your case and whether it has been closed or not.

Muraleedharan R
Advocate, Trivandrum
386 Answers
2 Consultations

This will reflect in your police verification.

Yogendra Singh Rajawat
Advocate, Jaipur
23010 Answers
31 Consultations

When you have accepted the false act which were performed by you. than you should have made the punishments payment and got relief from court. If you are on bail out from last one year, its better to get close that case so you can apply for government jobs.

Ganesh Kadam
Advocate, Pune
12997 Answers
264 Consultations

- As per law, a person is not considered for a government job if he is sentenced or prosecuted in a criminal case or was  in police or judicial custody for more than 48 hours

- However, a  person against whom FIR has been lodged cannot be denied to get a job on this ground. 

- Since, you was behind the bar for 44 hours in a non serious nature case , then you are eligible to get a government job. 

- Further, the case against your said friend will dropped due to his death. 

Mohammed Shahzad
Advocate, Delhi
14751 Answers
224 Consultations

Greetings of the Day,

I have read your issue but find that there are some facts which need to be clarified. You can approach on either nine two one two one two four five eight five or seven zero four two eight three three six eight six for personal approach.

We Hope that a personal consultation would be fruitful to the issue and it would be better for you to talk to someone directly.

Best Regards

SPS Law Chambers
New Delhi.

Shivam Bansal
Advocate, New Delhi
131 Answers

Dear Sir, 

You are suggested to know the details of the case, whether the case is still pending or disposed of. if no entry or documents available, then you need not worry and if the case is pending, get it disposed off. 

Ganesh Singh
Advocate, New Delhi
6769 Answers
16 Consultations

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