IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9308 of 2025 Arising Out of PS. Case No.-627 Year-2024 Thana- Excise P.S. District- Aurangabad ====================================================== Manish Shankar Prasad S/o- Lakshmi Prasad R/O Village-Banjari, P.S- Rohtas, District- Rohtas at Sasaram. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Mukul Kumari For the Opposite Party/s : Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 2 21-02-2025 Heard learned counsel for the petitione as well as the learned APP for the State. 2. The petitioner apprehends his arrest in connection with Excise P.S. Case No. 627 of 2024, registered for the offences under Section 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2018 and Section 41(1) and 41(2) of the Bihar Prohibition of Excise Act, 2016. 3. As per prosecution case, there has been recovery of 198.270 liters of illicit liquor from the vehicle, in question. 4. The learned counsel for the petitioner has submitted that petitioner has falsely been implicated in this case. Nothing was recovered from possession of the petitioner. He has further submitted that the petitioner is a person of clean antecedent. 5. Section 76 (2) of the Bihar Prohibition and Excise Act, Patna High Court CR. MISC. No.9308 of 2025(2) dt.21-02-2025 2/2 2016 makes an explicit embargo on entertaining the application under Section 438 of the Cr.P.C. 6. Since the provision of Section 438 of the Cr.P.C. is not applicable in respect of offences under the Bihar Prohibition and Excise Act, 2016, as such, this anticipatory bail application is dismissed as not maintainable. 7. If the petitioner surrenders in the court below and seeks regular bail, the same shall be considered and disposed it of the same day without being prejudiced by this order. 8. Accordingly, this petition is disposed of. Nirmal/- (Nawneet Kumar Pandey, J) U T