IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15740 of 2025 Arising Out of PS. Case No.-89 Year-2022 Thana- FATEHPUR District- Gaya ====================================================== Birendra Yadav @ Virendra Yadav S/o Harihar Yadav R/o vill - House no. 86, Gandhi Nagar, P.s.- Dhanbad, Distt.- Dhanbad, Jharkhand ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Mrigendra Kumar For the Opposite Party/s : Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 2 02-04-2025 Heard learned counsel for the petitioner as well as learned APP for the State. 2. The petitioner apprehends his arrest in connection with Fatehpur P.S. Case No. 89 of 2022, registered for the offences punishable under Sections 30 (a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. 3. As per allegation, 110 liters of country-made liquor was recovered from the motorcycle of the petitioner. 4. Learned counsel for the petitioner has submitted that he is innocent and has falsely been implicated in this case. He is a person of clean antecedent. Nothing has been recovered from his conscious possession. 5. Section 76 (2) of the Bihar Prohibition and Excise Patna High Court CR. MISC. No.15740 of 2025(2) dt.02-04-2025 2/2 Act, 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 before the court below and makes a prayer for regular bail, the same shall be disposed of on the same day of its filing, on its own merit without being prejudiced by this order. kundan/- (Nawneet Kumar Pandey, J) U T