Prince Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74484 of 2024 Arising Out of PS. Case No.-530 Year-2024 Thana- MASHRAK District- Saran ====================================================== Prince Kumar Singh S/o Jitan Singh R/o Village- Pakri Naraottam, P.S.- Panapur, Distt. - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== 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 Sections 30(a), 38 & 41 of the Bihar Prohibition and Excise Act, 2016, registered in connection with Mashrakh P.S. Case No. 530 of 2024.

3. Allegedly, the petitioner has been booked for Bihar Prohibition and Excise (Amendment) Act for recove3ry of total 360 litres of illicit liquor from the spot.

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

Patna High Court CR. MISC. No.74484 of 2024(2) dt.17-01-2025 2/2 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.

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