Virendra Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6996 of 2025 Arising Out of PS. Case No.-182 Year-2024 Thana- GUTHANI District- Siwan ====================================================== VIRENDRA MISHRA Son of Vikram Mishra R/o Village - Rith, P.S.- Ekma, District - Saran. At present - T-31, East Mehram Nagar, Palam Airport, Moradabad Pahari, Delhi Cantt, South West Delhi, Delhi - 110010. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anjani Parashar, Advocate For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-02-2025 Heard learned Counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 30(a) of the Bihar Prohibition and Excise Act registered in connection with Guthani P.S. Case No. 182 of 2024.

3. Allegedly, the petitioner has been booked for Bihar Prohibition and Excise Act for recovery of total 112.32 litres of English illicit liquor from the vehicle.

4. 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.

5. Since the provision of Section 438 of the Cr.P.C. is

Patna High Court CR. MISC. No.6996 of 2025(2) dt.24-02-2025 2/2 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.

(Nawneet Kumar Pandey, J) Neha/- U T