Petitioner sought anticipatory bail apprehending arrest in a liquor recovery case under the Bihar Excise Act. The court held Section 76(2) bars Section 438 applications for such offences and dismissed the petition as not maintainable, advising regular bail on surrender.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2534 of 2025
Arising Out of PS. Case No.-121 Year-2024 Thana- NAVINAGAR District- Aurangabad
======================================================
Ramashray Thakur S/O Late Sukhdev Thakur Resident of Village - Bhekhpurwa Laheji, Hasanpura, P.s. - Pachrukhi, District - Siwan
... ... Petitioner/s
Versus
The State of Bihar
| =================== | ... ... Opposite Party/s =================================== |
|---|---|
| Appearance : For the Petitioner/s : |
Mr.Bijay Prakash Singh |
| For the Opposite Party/s : =================== |
Mr.Shaheen Begum ================================== |
| CORAM: HONOURABL PANDEY |
E MR. JUSTICE NAWNEET KUMAR |
ORAL ORDER
3 17-03-2025
Heard learned counsel for the petitioner as well as the learned APP for the State.
Patna High Court CR. MISC. No.2534 of 2025(3) dt.17-03-2025 2/2
under Section 438 of the Cr.P.C.
(Nawneet Kumar Pandey, J)
1 issue framed by the court
Whether an anticipatory bail application is maintainable for offences under the Bihar Prohibition and Excise Act, 2016 given the bar in Section 76(2).
4 provisions across 4 enactments
Ramashray Thakur
The State of Bihar
Nawneet Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
