Sanjay Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.607 of 2025 Arising Out of PS. Case No.-354 Year-2024 Thana- RAMPUR District- Gaya ====================================================== Sanjay Bharti Son of Sahdev Bhuiyan Vill -Pakri Guria PS- Imamganj Dist -Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Akbar Ali, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 21-02-2025 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 Amendment Act, 2022 registered in connection with Rampur P.S. Case No. 354 of 2024.

3. Allegedly, the petitioner has been booked for Bihar Prohibition and Excise Act for recovery of total 27 litres and 750 ml of illegal wine from the motorcycle.

4. Learned Counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated and the F.I.R. itself shows that the petitioner is the owner of the motorcycle which being driven by his son-in-law.

Patna High Court CR. MISC. No.607 of 2025(2) dt.21-02-2025 2/2

5. 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.

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.

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