Dismissed

Rajballabh Yadav @ Raj Balam Yadav @ Raj ballam Kr. v. The State of Bihar

Patna HC19 Mar 2025CR. MISC./13998/2025

Case brief

AI extract

What is this about?

Anticipatory bail sought in an excise case involving recovery of 190 litres of illicit liquor. The court held Section 76(2) of the Bihar Prohibition and Excise Act, 2016 bars applications under Section 438 Cr.P.C. for such offences and dismissed the application as not maintainable, while directing the court below to consider any regular bail application on merits, preferably the same day.

What did the court decide?

No relief; application dismissed as not maintainable with direction to court below to consider regular bail on merits same day.

Rajballabh Yadav @ Raj Balam Yadav @ Raj ballam Kr. Vs The… — Narcotics (NDPS) | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13998 of 2025

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Arising Out of PS. Case No.-451 Year-2024 Thana- BELAGANJ District- Gaya

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======================================================

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Rajballabh Yadav @ Raj Balam Yadav @ Raj ballam Kr. S/O Ramdahin Yadav R/O Village - Dalli Bigha, P.S.-Belaganj, District - Gaya

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Durgesh Nandan For the Opposite Party/s : Mr.Anant Kumar 1 ======================================================

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CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

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ORAL ORDER

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2 19-03-2025

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Heard the learned counsel for the petitioner and

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learned APP for the State.

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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 Belaganj P.S.Case No. 451 of 2024.

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Allegedly, the petitioner has been booked for Bihar Prohibition and Excise (Amendment) Act for recovery of total 190 litres of illicit liquor from the spot.

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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.

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Since the provision of Section 438 of the Cr.P.C. is

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Patna High Court CR. MISC. No.13998 of 2025(2) dt.19-03-2025 2/2

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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.

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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 the petitioner is a person of clean antecedent.

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(Nawneet Kumar Pandey, J)

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A.K.V.//-

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U T

Rajballabh Yadav @ Raj Balam Yadav @ Raj ballam Kr. v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rajballabh Yadav @ Raj Balam Yadav @ Raj ballam Kr. v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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