IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.986 of 2025 Arising Out of PS. Case No.-470 Year-2024 Thana- BAHADURPUR District- Darbhanga ====================================================== Binod Kumar yadav S/o- Lal Yadav Resident of Village-Kumaroul PS- Alinagar District- Darbhanga ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 2478 of 2025 Arising Out of PS. Case No.-470 Year-2024 Thana- BAHADURPUR District- Darbhanga ====================================================== Sonu Kumar Ram @ Sonu Kumar S/o- Ram Chandra Ram Resident of Village-Dilawarpur PS- Bahadurpur District-Darbhanga ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 986 of 2025) For the Petitioner/s : Mr.Ugranath Mallik For the Opposite Party/s : Mr.Meena Singh (In CRIMINAL MISCELLANEOUS No. 2478 of 2025) For the Petitioner/s : Mr.Ugranath Mallik For the Opposite Party/s : Mr.Gulnar Begum ====================================================== 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 petitioners apprehend their arrest in connection with Bahadurpur P.S. Case No. 470 of 2024, registered for the offences punishable under Sections 274, 275 of the IPC and under section 30 (a) of the Bihar Prohibition and Excise Act, 2022. 3. As per allegation, 161.64 liters of foreign liquor was recovered from the pick-up van of the petitioner Binod Kumar Yadav whereas petitioner Sonu Kumar Ram is said to have been Patna High Court CR. MISC. No.986 of 2025(2) dt.12-02-2025 2/2 involved in the illicit trade of liquor and successfully fled from the place of occurrence. 4. Learned counsel for the petitioners has submitted that they are innocent and have falsely been implicated in this case. He has submitted further that petitioner Binod Kumar Yadav is a person of clean antecedent whereas the petitioner Sonu Kumar Ram @ Sonu Kumar has one criminal antecedent. Nothing has been recovered from their conscious possession. 5. 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. 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 before the court below and make a prayer for regular bail, the same shall be disposed of on the same day of its filing, on its own merit without being prejudiced by this order. kundan/- (Nawneet Kumar Pandey, J) U T