Sachin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81640 of 2024 Arising Out of PS. Case No.-217 Year-2024 Thana- BHAGWANPUR District- Vaishali ====================================================== Sachin Kumar S/O Late Mahendra Rai R/O Vill - Mahmadpur, P.S - Sahdee Bujurg,Dist.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10-02-2025 Heard learned counsel for the petitioner as well as the learned APP for the State.

2. The petitioners apprehends his arrest in connection with Bhagwanpur P.S. Case No. 217 of 2024, registered for the offences under Sections 409, 120(B) and Sections 30(a), 50, 51 and 52 of Bihar Prohibition and Excise Act.

3. As per prosecution case, the petitioner is said to have involved in selling illegal liquor in a Car and on search, there has been recovery of about 322.36 liters of liquor.

4. The learned counsel for the petitioner has submitted that petitioner has falsely been implicated in this case. No incriminating articles has been recovered from the conscious possession of the petitioner.

5. Section 76 (2) of the Bihar Prohibition and Excise Act, 2016 makes an explicit embargo on entertaining the application

Patna High Court CR. MISC. No.81640 of 2024(2) dt.10-02-2025 2/2 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.

(Nawneet Kumar Pandey, J) Nirmal/- U T