Sujeet Mukhiya v. the State of Bihar
Case brief
What is this about?
Anticipatory bail; bail application allowed; Bihar Prohibition and Excise Act — section 30(a), section 76(2) bar; maintainability of anticipatory-bail application in excise case; illicit liquor; 77.76 litres; jute bag recovery from Basbari; Bairiya P.S. Case No. 325 of 2023; West Champaran; Bettiah; Full Bench, Patna High Court; Ram Vinay Yadav vs. State of Bihar, 2019 (2) PLJR 1089; section 438(2) Code of Criminal Procedure conditions; six-week arrest/surrender period; bail-bond Rs. 20,000 with two like sureties. Relevant to advocates handling anticipatory-bail petitions under the Bihar excise regime where the section 76(2) statutory bar is invoked.
What did the court decide?
Anticipatory bail: petitioner to be enlarged on bail in the event of arrest/surrender within six weeks, on a bail-bond of Rs. 20,000 with two sureties of the like amount each before the concerned court, Bettiah, West Champaran, subject to section 438(2) CrPC conditions.