IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4642 of 2025 Arising Out of PS. Case No.-347 Year-2024 Thana- SARAIYA District- Muzaffarpur ====================================================== Manoj Kumar @ Manoj Yadav Son of Wakil Yadav R/O -Vill -Sabalpur near P.N.B.Bank, P.S. - Sonpur , Dist - Saran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Munna Raj For the Opposite Party/s : Mr.Nityanand ====================================================== 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 Saraiya P.S. Case No. 347 of 2024, registered for the offences under Section 30(a)/32(ii)/36/41(1)/41(2) of the Bihar Prohibition and Excise Act, 2022. 3. As per prosecution case, there has been recovery of 682.560 liters of illicit foreign liquor from the truck, in question. 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. 6. Since the provision of Section 438 of the Cr.P.C. is not Patna High Court CR. MISC. No.4642 of 2025(2) dt.21-02-2025 2/2 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 surrenders 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