Durgesh Paswan @ Durgesh Kumar v. The State of Bihar
Case brief
What is this about?
Patna High Court, Criminal Miscellaneous No.28779 of 2025, Justice Nawneet Kumar Pandey, order dated 07-05-2025. Petitioner Durgesh Paswan @ Durgesh Kumar sought anticipatory bail in Khajauli P.S. Case No. 41 of 2025, District Madhubani, arising from alleged recovery of 135 litres of Nepali country made wine, offences under Sections 30(a) of the Bihar Prohibition and Excise Act. Holding: Section 76(2) of the Bihar Prohibition and Excise Act, 2016 bars entertaining Section 438 Cr.P.C. applications; anticipatory bail application dismissed as not maintainable. Counsel: Ms. Kumari Pallavi for petitioner; Ms. Sharda Kumari, A.P.P. for the State.
What did the court decide?
Section 76(2) of the Bihar Prohibition and Excise Act, 2016 imposes an explicit embargo on entertaining applications under Section 438 of the Cr.P.C.; accordingly, the provision of Section 438 Cr.P.C. is not applicable in respect of offences under that Act.