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Patna High Court

Rajesh DhangarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The anticipatory bail application is not maintainable because Section 76(2) of the Bihar Prohibition and Excise Act, 2018 expressly bars entertaining anticipatory bail applications.

Summary

The petitioners, Rajesh Dhangar and Rampukar Dhangar, feared arrest in a case (No. 324 of 2021) alleging offences under Sections 30(a), (b), (c), 32 and 34 of the Bihar Prohibition and Excise Act, 2018 after police recovered 7 litres of illicit liquor from their residence. They filed an application for anticipatory bail under Section 438 of the Criminal Procedure Code, claiming innocence. The State opposed the bail, and the Court examined Section 76(2) of the Bihar Prohibition and Excise Act, which expressly bars the filing of anticipatory bail applications in such matters. The Court held that the statutory bar makes the anticipatory bail petition non‑maintainable. Consequently, the application was disposed of, with a direction that regular bail may be sought if the petitioners surrender before the trial court.

Issues considered

  • Whether an application for anticipatory bail under Section 438 Cr.P.C. is maintainable when Section 76(2) of the Bihar Prohibition and Excise Act, 2018 expressly prohibits entertaining such applications.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 76(2)
  • illegal liquor
  • Criminal Procedure Code
  • bail jurisdiction
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90489 of 2025
                    Arising Out of PS. Case No.-324 Year-2021 Thana- KOTWA District- East Champaran
                 ======================================================
           1.     Rajesh Dhangar S/o Late Vira Dhangar Resident of village - Dipau Dhangar
                  Toli, P.S - Kotwa, District - East Champaran
           2.    Rampukar Dhangar @ Rampravesh Dhangar S/o Late Vira Dhangar
                 Resident of village - Dipau Dhangar Toli, P.S - Kotwa, District - East
                 Champaran

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar
                 For the Opposite Party/s :       Ms. Gulnar Begum
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

2   09-01-2026                      Heard learned counsel for the petitioners as well as the

                   learned APP for the State.

                                2. The petitioners apprehends their arrest in connection

                   with Kotwa P.S. Case No. 324 of 2021, registered for the offences

                   punishable under Sections 30(a),(b),(c), 32, 34 of the Bihar

                   Prohibition and Excise Act, 2018.

                                3. As per the prosecution case, on a secret information,

                   police raided the petitioners’ residence and total 7 liters of illicit

                   liquor was recovered from there.

                                4. The learned counsel for the petitioners has submitted

                   that the petitioners are innocent and have falsely been implicated in

                   this case.

                                5. Learned APP for the State opposed the prayer for
             Patna High Court CR. MISC. No.90489 of 2025(2) dt.09-01-2026
                                                         2/2




                       anticipatory bail of the petitioners.

                                    6. Be that as it may, Section 76(2) of the Bihar Prohibition

                       and Excise Act, 2018, makes an explicit embargo on entertaining the

                       application under Section 438 of the Cr.P.C. hence it is not

                       maintainable.

                                    7. If the petitioners surrender and seeks regular bail before

                       the Court below, that shall be disposed of on its own merit, without

                       being prejudiced by this order.

                                    8. With these observations, the application stands disposed

                       of.


                                            (Nawneet Kumar Pandey, J)

priyanka/-

U      T


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