Patna High CourtCR. MISC./78711/2024dismissed

Vikash Kumar @ Anuj Kumar Singh v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78711 of 2024 Arising Out of PS. Case No.-152 Year-2024 Thana- KOCHAS District- Rohtas ====================================================== Vikash Kumar @ Anuj Kumar Singh S/o Murlidhar Singh R/o VillageKhudhudiya, P.S.- Kargahar, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Singh For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== 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 Prohibition and Excise (Amendment) Act, 2022, registered in connection with Kochas P.S. Case No. 152 of 2024.

3. Allegedly, the petitioner has been booked for Bihar Prohibition and Excise (Amendment) Act for recovery of total 276.480 litres of illicit liquor from the pick up Van.

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.78711 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 before the court below, the court below shall consider the same on its own merit without being prejudiced by this court and dispose of the same preferably same day taking note of the fact that nothing was recovered from possession of the petitioner and the co-accused from whose possession recovery was made, have been has been granted bail.

(Nawneet Kumar Pandey, J) A.K.V.//- U T