Patna High CourtCR. MISC./34193/2025disposed

Chandan Yadav v. The State Of Bihar

2025-10-13Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34193 of 2025 Arising Out of PS. Case No.-462 Year-2024 Thana- TARAIYA District- Saran ====================================================== Chandan Yadav S/o Ram Pravesh Yadaw R/o Village- Dundar, P.S.- Chhattarpur, District- Palamu (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nalin Kumar For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 13-10-2025 Heard learned counsel for the petitioner as well as the learned APP for the State.

2. The petitioner apprehends his arrest in connection with Taraiya P.S. Case No. 462 of 2024, registered for the offences under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per prosecution case, 5,964 liters of spirit liquor were recovered from the truck and the driver of the truck was apprehended on the spot.

4. The learned counsel for the petitioner has submitted that petitioner has falsely been implicated in this case. Nothing was recovered from his possession. He has further submitted that the petitioner is owner of the truck. The petitioner is a person of clean antecedent.

5. Section 76 (2) of the Bihar Prohibition and Excise Act, 2016 makes an explicit embargo on entertaining the application

Patna High Court CR. MISC. No.34193 of 2025(4) dt.13-10-2025 2/2 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 in the court below and seeks regular bail, the same shall be disposed of on merit without being prejudiced by this order.

8. Accordingly, this petition is disposed of. (Nawneet Kumar Pandey, J) Nirmal/- U T