Patna High CourtCR. MISC./68758/2023disposed

Umesh Manjhi v. The State Of Bihar

2023-11-02Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68758 of 2023 Arising Out of PS. Case No.-264 Year-2022 Thana- RANIYATALAB District- Patna ====================================================== UMESH MANJHI S/O LATE KAMESHWAR MANJHI R/O VILLAGERAGHOPUR, MUSAHARI, P.S- RANI TALAB, DISTT.- PATNA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 02-11-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Rani Talab P.S. Case No. 264 of 2022, registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

3. Allegedly, 28 litres of illicit Mahua wine is said to have been recovered.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent, he has falsely been implicated in this case, nothing has been recovered from his conscious possession and he is a person of clean antecedent.

5. Be that as it may, Section 76 (2) of the Bihar Prohibition and Excise Act, 2016 makes an explicit embargo on

Patna High Court CR. MISC. No.68758 of 2023(2) dt.02-11-2023 2/2 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 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 without being prejudiced by this order. The learned court below may take into account that nothing has been recovered from his conscious possession and he is a person of clean antecedent.

8. With these observations, this criminal miscellaneous petition is disposed of.

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