IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.69034 of 2024 Arising Out of PS. Case No.-233 Year-2024 Thana- BARHARA District- Bhojpur ====================================================== 1. Indal Kumar S/o- Late Kusan Yadav R/o - Gundi, P.S - Krishnagarh, District - Bhojpur 2. Ajay Paswan Son of Kanhaiya Paswan R/o - Gundi, P.S - Krishnagarh, District - Bhojpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Diwakar . For the Opposite Party/s : Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 2 17-01-2025 Heard learned counsel for the petitioner as well as the learned APP for the State. 2. The petitioners apprehend their arrest in connection with Barhara P.S. Case No. 233 of 2024, registered for the offences under Section 303(2) & 317(2) r/w Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. 3. As per prosecution case, there has been recovery of 300 liters of country-made liquor from a scooty and the petitioners was apprehended on spot. 4. The learned counsel for the petitioners has submitted that petitioners have falsely been implicated in this case. No incriminating articles has been recovered from the conscious possession of the petitioners. 5. Section 76 (2) of the Bihar Prohibition and Excise Act, Patna High Court CR. MISC. No.69034 of 2024(2) dt.17-01-2025 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 petitioners surrender in the court below and seeks regular bail, the same shall be considered and disposed of without being prejudiced by this order. 8. Accordingly, this petition is disposed of. Nirmal/- (Nawneet Kumar Pandey, J) U T