Umesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10188 of 2021 Arising Out of PS. Case No.-222 Year-2020 Thana- MOHAMMADPUR District- Gopalganj ====================================================== UMESH RAI Son of Late Ramayan Rai Resident of Village - Ghoghraha, Police Station - Mohammadpur, District - Gopalganj. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Kumar Singh For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 22-12-2021 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehend his arrest in connection with Mohammadpur P.S. Case No. 222 of 2020, Gr. No.1173 of 2020, 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 and Excise Act, 2016, as such, this anticipatory bail application is dismissed as not maintainable.

Patna High Court CR. MISC. No.10188 of 2021(2) dt.22-12-2021 2/2 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