Patna High CourtCR. MISC./71072/2024dismissed

Md. Firoj v. The State Of Bihar

2025-01-17Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71072 of 2024 Arising Out of PS. Case No.-170 Year-2024 Thana- PALASI District- Araria ====================================================== Md. Firoj Son of Md. Aiyub @ Aiyub R/o- Village - Denga, Ward No.- 12, P.S.- Palasi, District - Araria (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pintu Kumar Patel For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 17-01-2025 Heard learned counsel for the petitioner as well as the learned APP for the State.

2. The petitioner apprehends his arrest in connection with Palasi P.S. Case No. 170 of 2024, registered for the offences under Section 30 Section 30(a), 32(2), (3), 36, 41(1)(2) of Bihar Prohibition and Excise Act 2018, and Section 341, 323, 307, 353 of the Indian Penal Code.

3. As per allegation, on a secret information, the informant along with police personnel reached the place of occurrence. Seeing the police party, the petitioner tried to flee away but he was apprehended. On search, 612 liters of Nepali wine was recovered from the vehicle of the petitioner.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from conscious possession of the

Patna High Court CR. MISC. No.71072 of 2024(2) dt.17-01-2025 2/2 petitioner. The petitioner is a person of clean antecedent.

5. 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.

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 dismissed as not maintainable.

7. If the petitioner surrenders in the court below and seeks regular bail, the same shall be considered and disposed of on the same day without being prejudiced by this order, taking into account that the petitioner is a person of clean antecedent.

8. Accordingly, this petition is disposed of. (Nawneet Kumar Pandey, J) Nirmal/- U T