IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1005 of 2025 Arising Out of PS. Case No.-442 Year-2024 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Ashok Mahto @ Ashok kumar S/O Hardwal Mahto R/O Vill.- Rampur Asli,P.S- Sahebganj, Dist- Muzaffarpur ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Arvind Kumar For the Opposite Party/s : Mr.Manoj 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 his arrest in connection with Sahebganj P.S. Case No. 442 of 2024, registered for the offences punishable under Sections 30 (a) of the Bihar Prohibition and Excise Act, 2022. 3. As per allegation, 171 liters of illicit foreign liquor was recovered from the bathaan of the petitioner. 4. Learned counsel for the petitioner has submitted that he is innocent and has falsely been implicated in this case. He has no concern with the alleged recovery. 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.1005 of 2025(2) dt.12-02-2025 2/2 two criminal antecedents 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