Case brief
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Patna High Court, CRIMINAL MISCELLANEOUS No.34193 of 2025 (also styled CR. MISC. No.34193 of 2025(4)), oral order dated 13-10-2025 by Hon'ble Mr. Justice Nawneet Kumar Pandey. Anticipatory bail application under S.438 Cr.P.C. by Chandan Yadav apprehending arrest in Taraiya P.S. Case No. 462 of 2024, District Saran (offence under S.30(a), Bihar Prohibition and Excise Act, 2016; prosecution case of recovery of 5,964 liters of spirit liquor from a truck whose driver was apprehended; petitioner claimed truck ownership, clean antecedents and false implication). DISMISSED AS NOT MAINTAINABLE: S.76(2) of the Act makes an explicit embargo on entertaining such applications and S.438 Cr.P.C. held not applicable to offences under the Act. On surrender, regular bail to be decided on merit without prejudice. Keywords: anticipatory bail; maintainability; Bihar Prohibition and Excise Act 2016 S.76(2); S.438 Cr.P.C.; spirit liquor; truck; Saran; Taraiya.