Vinod Dhagar @ Vinod Dhangar @ Vinod Dhagad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75456 of 2024 Arising Out of PS. Case No.-283 Year-2024 Thana- CHHATAUNI District- East Champaran ====================================================== Vinod Dhagar @ Vinod Dhangar @ Vinod Dhagad Son of Bishwanath Dhangar Resident of Village - Domapatti, P.S. - Chhatauni, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Kanhiya Kishor ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 17-01-2025 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Section 30(a) of the Bihar Excise Act, registered in connection with Chhatauni P.S. Case No. 283 of 2024.

3. Allegedly, the petitioner has been booked for Bihar Prohibition and Excise Act for recovery of total 133 litres of illicit liquor from the house of co-accused.

4. 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.

5. 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.75456 of 2024(2) dt.17-01-2025 2/2 and Excise Act, 2016, as such, this anticipatory bail application is dismissed as not maintainable.

6. If the petitioner surrenders and seeks regular bail before the court below, the court below shall consider the same on its own merit without being prejudiced by this order. (Nawneet Kumar Pandey, J) A.K.V.//- U T