Pankaj Ray @ Pankaj Kr. Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9036 of 2021 Arising Out of PS. Case No.-4 Year-2020 Thana- THANA BIHPUR RAIL P.S. DistrictKhagaria ====================================================== PANKAJ RAY @ PANKAJ KR. RAY Son of Late Daya Ray Resident of Village - Babhangama, P.S.- Bihpur, District - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar 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 Special ABA(Excise) No.89 of 2020, arising out of Thane Bihpur Rail P.S. Case No.04 of 2020 G.R.® No.115 of 2020. 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 and Excise Act, 2016, as such, this anticipatory bail application is dismissed as not maintainable.

If the petitioner surrender and seek regular bail before

Patna High Court CR. MISC. No.9036 of 2021(2) dt.21-12-2021 2/2 the Court below, the Court below shall consider the same on its own merit.

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