Patna High CourtCR. MISC./15749/2025dismissed

Karu Manjhi @ Surendra Manjhi v. The State Of Bihar

2025-04-02Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15749 of 2025 Arising Out of PS. Case No.-9 Year-2025 Thana- WAJIRGANJ District- Gaya ====================================================== Karu Manjhi @ Surendra Manjhi S/o- Gendu Manjhi village- Badakwan P SWazirganj District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 02-04-2025 Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner apprehends his arrest in connection with Wazirganj P.S. Case No. 09 of 2025, registered for the offences punishable under Sections 30 (a) of the Bihar Prohibition and Excise Act, 2018.

3. As per allegation, on a secret information, the informant along with police party reached the place of occurrence. Seeing the police party, the accused persons fled away. On search, 15 liters of Mahua liquor was recovered from the place of occurrence. On query, local people present there disclosed the name of this petitioner.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.15749 of 2025(2) dt.02-04-2025 2/2 that he is innocent and has falsely been implicated in this case. He is a person of clean antecedent. Nothing has been recovered from his conscious possession.

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 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 before the court below and makes a prayer for regular bail, that shall be disposed of on the same day of its filing, on its own merit without being prejudiced by this order.

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