Case brief
What is this about?
Anticipatory bail application dismissed as not maintainable; Section 438 Cr.P.C. inapplicable to offences under Bihar Prohibition and Excise Act, 2016 due to embargo in Section 76(2); offence under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018; alleged recovery of 50 litres illicit liquor from e-Rickshaw owned by petitioner; Vishnupad Temple P.S. Case No. 200 of 2024, District Gaya; direction to consider regular bail same day on surrender given clean antecedents; Patna High Court; Nawneet Kumar Pandey, J; order dated 19-03-2025.
What did the court decide?
Section 76(2) of the Bihar Prohibition and Excise Act, 2016 makes an explicit embargo on entertaining applications under Section 438 of the Cr.P.C.; consequently, Section 438 Cr.P.C. is not applicable in respect of offences under the Bihar Prohibition and Excise Act, 2016.