Hirany Pratap Singh Dev @ Hemant Kumar Singh v. The State of Bihar
ANTICIPATORY BAIL – Bihar Prohibition and Excise Act – s.30(a) offence – bar of s.76(2)
Case brief
What is this about?
Anticipatory bail allowed — Patna High Court, Chandra Prakash Singh, J, 06-09-2024 — Cr. Misc. No.43906 of 2024 — Rajapakar P.S. Case No. 138 of 2024, Vaishali — s.30(a) Bihar Prohibition and Excise Act — 155.520 litres illicit foreign liquor recovered from co-accused Himanshu Kumar's basement — s.76(2) statutory bar raised by State — Ram Vinay Yadav v. State of Bihar 2019 (2) PLJR 1089 (Full Bench) relied on — bail-bond Rs. 20,000 with two sureties — s.438(2) CrPC conditions — petitioner is father of co-accused; three criminal antecedents disclosed.
What did the court decide?
Anticipatory bail granted: petitioner to be enlarged on bail in the event of arrest/surrender within six weeks, on furnishing bail-bond of Rs. 20,000 with two sureties of the like amount each, to the satisfaction of the learned court concerned, Vaishali at Hajipur, in connection with Rajapakr P.S. Case No. 138 of 2024, subject to conditions under s.438(2) CrPC.