IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1020 of 2025 Arising Out of PS. Case No.-208 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Begusarai ====================================================== Nirala Rai @ Niraj Kumar S/O Ramesh Rai R/O village - Rachiyahi Kachari Tola, Ward no.- 03, P.s- Singhaul, Dist- Begusarai ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Vinod Kumar Seth For the Opposite Party/s : Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 2 12-02-2025 Heard learned counsel for the petitioner as well as learned APP for the State. 2. The petitioner apprehends her arrest in connection with Excise P.S. Case No. 208c2 of 2020, registered for the offences punishable under Sections 30 (a) of the Bihar Prohibition and Excise Act. 3. As per allegation, 45 liters of illicit foreign liquor was recovered from the house of the petitioner. 4. Learned counsel for the petitioner has submitted that he is innocent and has falsely been implicated in this case. Nothing has been recovered from his conscious possession. 5. On the other hand, the learned APP for the State has opposed the prayer for bail and submitted that the petitioner has Patna High Court CR. MISC. No.1020 of 2025(2) dt.12-02-2025 2/2 one criminal antecedent of similar nature. 6. 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. 7. 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. 8. If the petitioner surrenders and seeks regular bail before the court below, the court below shall consider the same on its own merit, without being prejudiced by this order. kundan/- (Nawneet Kumar Pandey, J) U T