IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.978 of 2025 Arising Out of PS. Case No.-653 Year-2024 Thana- BIKRAMGANJ District- Rohtas ====================================================== Akash Kumar S/o Ramakant Singh @ Kamata Singh R/o Village- Belkhudiya Mathiya, PS- Bikramganj, Dist- Rohtas ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Rajani Kant Singh For the Opposite Party/s : Mr.Asha Kumari ====================================================== 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 Bikramganj P.S. Case No. 653 of 2024, registered for the offences punishable under Sections 30 (a) of the Bihar Prohibition and Excise Act, 2022. 3. As per allegation, 6 liters of country-made liquor was recovered from the gumti (shop) 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.978 of 2025(2) dt.12-02-2025 2/2 three 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 before the court below and makes 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