IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5495 of 2025 Arising Out of PS. Case No.-800 Year-2024 Thana- Excise P.S. District- Gaya ====================================================== Sunil Ram @ Sunil Singh S/O Chaneshwar Ram R/O Vill.- Bhadan P.O.- Utli Bara, P.S.- Mufassil, Dist.- Gaya ... ... Petitioner/s Versus The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Anuj Kumar For the Opposite Party/s : Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 2 21-02-2025 Heard learned counsel for the petitione as well as the learned APP for the State. 2. The petitioner apprehends his arrest in connection with Excise P.S. Case No. 800 of 2024, registered for the offences under Section 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2018. 3. As per prosecution case, there has been recovery of 70 liters of country-made liquor from the motorcycle of the petitioner. 4. The learned counsel for the petitioner has submitted that petitioner has falsely been implicated in this case. Nothing was recovered from possession of the petitioner. He has further submitted that the petitioner is a person of clean antecedent. 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. Patna High Court CR. MISC. No.5495 of 2025(2) dt.21-02-2025 2/2 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 petitioner surrender in the court below and seeks regular bail, the same shall be considered and disposed it of the same day without being prejudiced by this order. 8. Accordingly, this petition is disposed of. Nirmal/- (Nawneet Kumar Pandey, J) U T