Mukesh Kumar @ Mukesh Yadav v. The State of Bihar
Anticipatory bail – Bihar Prohibition and Excise Act, 2016 – Sections 30(a) and 76(2)
Case brief
What is this about?
Patna High Court, Criminal Miscellaneous No.5831 of 2024, decided 16-02-2024 by Chandra Prakash Singh, J. Anticipatory bail granted to Mukesh Kumar @ Mukesh Yadav in Dawath P.S. Case No. 208 of 2019, District Rohtas, under Section 30(a) Bihar Prohibition and Excise Act, 2016 (recovery of 4112.64 litres english liquor). Maintainability upheld despite Section 76(2) bar, counsel relying on Full Bench in Ram Vinay Yadav vs. State of Bihar, 2019 (2) PLJR 1089. Bail-bond Rs. 20,000/- with two sureties of like amount; conditions under Section 438(2) CrPC; six-week window for arrest/surrender. Keywords: anticipatory bail, Bihar Excise Act, Section 76(2) bar, Section 438 CrPC, Full Bench Ram Vinay Yadav, co-accused confessional statement, criminal antecedent.
What did the court decide?
Anticipatory bail: petitioner, if arrested or surrendering within six weeks, to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- with two sureties of the like amount each, subject to conditions under Section 438(2) CrPC, to the satisfaction of the learned court concerned, Rohtas at Sasaram, in connection with Dawath P.S. Case No. 208 of 2019.