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Patna High CourtCR. MISC./81327/2024dismissed

Chandbati Devi v. The State Of Bihar

2025-02-07Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81327 of 2024 Arising Out of PS. Case No.-284 Year-2019 Thana- NADI P.S. District- Patna ====================================================== Chandbati Devi Wife of Dasai Rai Resident of Village -Jethuli, PS- Nadi, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Bihari Singh, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 07-02-2025 Heard learned counsel for the petitioner as well as the learned APP for the State.

2. The petitioner apprehends her arrest in connection with Nadi P.S. Case No. 284 of 2019 (Special Case No. 10221 of 2019), registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Amendment Excise Act, 2018.

3. Allegedly, the petitioner has been booked for Bihar Prohibition and Excise Act for recovery of total 113.250 litres of illicit liquor from joint house.

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., as such, this

Patna High Court CR. MISC. No.81327 of 2024(2) dt.07-02-2025 2/2 anticipatory bail application is not maintainable. Accordingly, it is dismissed.

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