Chamru Paswan @ Naresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8987 of 2021 Arising Out of PS. Case No.-163 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Lakhisarai ====================================================== CHAMRU PASWAN @ NARESH KUMAR Son of Manoj Paswan Resident of Village - Naya Bazar Kabaiya Road Ward No.32, P.S.- Kabaiya, Dist.- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 21-12-2021 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehend his arrest in connection with Lakhisarai Government official Complaint Case No.163C2 of 2020, bearing P.R. Case No.38, registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

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.

Since the provision of Section 438 of the Cr.P.C. is not applicable in respect of offences under the Bihar Prohibition

Patna High Court CR. MISC. No.8987 of 2021(2) dt.21-12-2021 2/2 and Excise Act, 2016, as such, this anticipatory bail application is dismissed as not maintainable.

If the petitioner surrender and seek regular bail before the Court below, the Court below shall consider the same on its own merit.

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