Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10827 of 2025 Arising Out of PS. Case No.-35 Year-2024 Thana- Mabby District- Darbhanga ====================================================== Rohit Kumar Son of Lal Babu Ray Resident of Village - Majhauli Dharamdas, P.S. - Sadar, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kaushal Kumar For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-03-2025 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 Act, 2022, registered in connection with Mabbi P.S. Case No. 35 of 2024.

3. Allegedly, 373.68 litres of illicit liquor is said to have been recovered from the truck, in question.

4. It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in the present case merely because he is said to be owner of the truck, in question.

4. Section 76(2) of the Bihar Prohibition and Excise

Patna High Court CR. MISC. No.10827 of 2025(2) dt.19-03-2025 2/2 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 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, on the same day taking into consideration that the petitioner is a person of clean antecedent. (Nawneet Kumar Pandey, J) A.K.V.//- U T