Sudarshan Singh @ Sudarshan Ray @ Sudarshan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83426 of 2024 Arising Out of PS. Case No.-31 Year-2024 Thana- TELMAR District- Nalanda ====================================================== Sudarshan Singh @ Sudarshan Ray @ Sudarshan S/o- Late Chandeshwar Singh Village- Chandasi PO PS-Alabalpur District- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The State Of Bihar Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 07-02-2025 Heard learned Counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 30(a) of the Bihar Prohibition and Excise Act, registered in connection with Telmar P.S. Case No. 31 of 2024.

3. Allegedly, the petitioner has been booked for Bihar Prohibition and Excise Act for recovery of total 50 litres of country made liquor from the vehicle.

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.

Patna High Court CR. MISC. No.83426 of 2024(2) dt.07-02-2025 2/2

5. 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.

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 into consideration that nothing was recovered from possession of the petitioner and he has no criminal antecedent of similar nature. (Nawneet Kumar Pandey, J) Neha/- U T