Ajit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10598 of 2025 Arising Out of PS. Case No.-71 Year-2024 Thana- MARANCHI District- Patna ====================================================== Ajit Kumar S/O Ram Yatan Sah R/O New Chawani School, New Colony Bagicha Dusad tola Ramgarh, P.S- Ramgarh, Distt.- Ramgarh (Jharkhand). ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Prasad For the Opposite Party/s :
Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 25-02-2025 Heard the learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016 and under Sections 420, 467, 468, 471/34 of the Indian Penal Code, registered in connection with Special Excise Case No. 1263 of 2024 arising out of Maranchi (Panchmahala O.P.) P.S. Case No. 71 of 2024.
3. Allegedly, the petitioner has been booked for Bihar Prohibition and Excise (Amendment) Act for recovery of total 56.250 litres of illicit liquor from the spot.
4. Section 76(2) of the Bihar Prohibition and Excise Act, 2016 makes an explicit embargo on entertaining the
Patna High Court CR. MISC. No.10598 of 2025(2) dt.25-02-2025 2/2 application under Section 438 of the Cr.P.C.
5. 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.
6. 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 court and dispose of the same preferably same day taking into consideration that the petitioner is a person of clean antecedent. (Nawneet Kumar Pandey, J) A.K.V.//- U T