IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.71532 of 2024 Arising Out of PS. Case No.-627 Year-2024 Thana- Excise P.S. District- Aurangabad ====================================================== Priyesh Kumar Singh @ Priyesh Singh S/o Manoj Singh R/o Village- Karamdih, P.S.- Navinagar, District- Aurangabad (Bihar) ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ujjwal Kumar Singh, Advocate For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 5 19-03-2025 Heard learned Counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner apprehends his arrest for the offences alleged under Sections 30(a), 32(3), 41(1) and 41(2) of the Bihar Prohibition and Excise Act, 2016 registered in connection with Excise P.S. Case No. 627 of 2024. 3. Allegedly, the petitioner has been booked for Bihar Prohibition and Excise Act for recovery of total 198.720 litres of country made liquor from the vehicle. 4. Section 76(2) of the Bihar Prohibition and Excise Act, 2016 makes an explicit embargo on entertaining the application under Section 438 of the Cr.P.C. 5. Since the provision of Section 438 of the Cr.P.C. is Patna High Court CR. MISC. No.71532 of 2024(5) dt.19-03-2025 2/2 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. Neha/- (Nawneet Kumar Pandey, J) U T