Mausam Ali @ Masoom Ali @ Masum Ali@ Mousam Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71961 of 2023 Arising Out of PS. Case No.-132 Year-2023 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== MAUSAM ALI @ MASOOM ALI @ MASUM ALI@ MOUSAM ALI SON OF KABIR ALI @ MD. KABIR RESIDENT OF VILLAGEBIRCHHAPAR, TOLA, BALATHARWA, @ BALTHARWA, PSPIPRAKOTHI, DISTT- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Setu Prateek For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner as well as the learned APP for the State.

2. The petitioner apprehends his arrest in connection with Baikunthpur Case No. 132 of 2023, registered for the offence punishable under Section 414 of the Indian Penal Code and Section 30(a) and 41 of Bihar Prohibition and Excise Amendment Act, 2018.

3. As per allegation, total 185 litres of beer was recovered from a car and the petitioner was apprehended on the spot.

4. The learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. He is a person of clean antecedent. Nothing was recovered from his conscious possession.

5. Be that as it may, section 76 (2) of the Bihar

Patna High Court CR. MISC. No.71961 of 2023(2) dt.07-11-2023 2/2 Prohibition and Excise Act, 2016 makes an explicit embargo on entertaining the application under Section 438 of the CrPC. As such, this anticipatory bail application is dismissed as not maintainable.

6. If the petitioner surrenders and seeks regular bail, the court below shall consider the same on the day of its filing.

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