IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.60876 of 2024 Arising Out of PS. Case No.-17 Year-2024 Thana- Excise P.S. District- Supaul ====================================================== Vikash Kumar, aged about 25 years, Male Son of Ramdev Paswan, Resident of Village- Bhelwa, Ward no. 8, P.S.- Gamharia, District- Madhepura. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ranjay Kumar Singh, Advocate For the Opposite Party/s : Mr. Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 2 17-01-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner apprehends his arrest in connection with Triveniganj P.S. Case No. 17 of 2024 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3. As the prosecution case, total 152.250 liters foreign liquor of different brand has been recovered from a car bearing Registration No. BR24M 7415. 4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that petitioner is not named in the FIR Patna High Court CR. MISC. No.60876 of 2024(2) dt.17-01-2025 2/3 but his name has been surfaced during course of investigation. He next submits that as per the FIR and seizure list altogether 152.250 liters of foreign liquor has been recovered from the car which was being driven by co-accused Dilkhush Kumar, who was arrested by the police and petitioner is the owner of the car. Petitioner has got clean antecedent as stated in para 3 of the petition. 5. Learned APP for the State submits that prayer for anticipatory bail is barred under Section 76(2) of the Bihar Excise and Prohibition Act, 2016. 6. From perusal of the FIR and also perused the impugned order dated 05.06.2024 passed by the learned Exclusive Special Judge Excise Court No. 2, Supaul, it appears that petitioner is not named in the FIR. It also appears that total 152.250 liters foreign liquor of different brand has been recovered from a car bearing Registration No. BR24M 7415. It is the admitted fact that petitioner is the registered owner of the said vehicle, so considering the facts and circumstances of the case and submissions of learned counsel for the parties, the present petition is barred by Section 76(2) of the Bihar Prohibition and Excise Act, 2016, the present anticipatory bail is not maintainable and is accordingly dismissed. Patna High Court CR. MISC. No.60876 of 2024(2) dt.17-01-2025 3/3 7. Accordingly, the application stands dismissed. Anand Kr. (Ramesh Chand Malviya, J) U T