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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.90489 of 2025 Arising Out of PS. Case No.-324 Year-2021 Thana- KOTWA District- East Champaran ======================================================
1. Rajesh Dhangar S/o Late Vira Dhangar Resident of village - Dipau Dhangar Toli, P.S - Kotwa, District - East Champaran
2. Rampukar Dhangar @ Rampravesh Dhangar S/o Late Vira Dhangar Resident of village - Dipau Dhangar Toli, P.S - Kotwa, District - East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar For the Opposite Party/s : Ms. Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 2 09-01-2026 Heard learned counsel for the petitioners as well as the learned APP for the State.
2. The petitioners apprehends their arrest in connection with Kotwa P.S. Case No. 324 of 2021, registered for the offences punishable under Sections 30(a),(b),(c), 32, 34 of the Bihar Prohibition and Excise Act, 2018.
3. As per the prosecution case, on a secret information, police raided the petitioners’ residence and total 7 liters of illicit liquor was recovered from there.
4. The learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case.
5. Learned APP for the State opposed the prayer for
Patna High Court CR. MISC. No.90489 of 2025(2) dt.09-01-2026 2/2 anticipatory bail of the petitioners.
6. Be that as it may, Section 76(2) of the Bihar Prohibition and Excise Act, 2018, makes an explicit embargo on entertaining the application under Section 438 of the Cr.P.C. hence it is not maintainable.
7. If the petitioners surrender and seeks regular bail before the Court below, that shall be disposed of on its own merit, without being prejudiced by this order.
8. With these observations, the application stands disposed of.
priyanka/- (Nawneet Kumar Pandey, J) U T