IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.84873 of 2024 Arising Out of PS. Case No.-141 Year-2024 Thana- DAUDPUR District- Saran ====================================================== Arvind kumar Son of Harendar Rai village- Raipur Bingawan, Ps- Doriganj, Dist- Saran ... ... Petitioner/s Versus The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Harsh Anuj For the Opposite Party/s : Mr.Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 2 07-02-2025 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) of the Bihar Prohibition and Excise Act, 2016 registered in connection with Daudpur P.S. Case No. 141 of 2024. 3. Allegedly, the petitioner has been booked for Bihar Prohibition and Excise Act for recovery of total 1062.63 litres of English wine from the vehicles. 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.84873 of 2024(2) dt.07-02-2025 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. 6. 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 court and dispose of the same preferably same day taking into consideration that he has no criminal antecedent of similar nature. Neha/- (Nawneet Kumar Pandey, J) U T