Heard learned counsel for the petitioner and learned counsel for the State.

2. Apprehending his arrest in connection with Turkauliya (Banjariya) P.S.Case No. 634 of 2016 dated 16.12.2016 registered for the offences under Sections 272, 273, 290 of the Indian Penal Code and 36, 37(b) of the Bihar Prohibition and Excise Act, 2016 (for short ‘the Act’), the petitioner has filed the present application under Section 438 of the Code of Criminal Procedure (for short ‘Cr.P.C.’) for grant of pre-arrest bail.

3. According to the prosecution case, the raiding police party recovered one plastic gallon containing one litre country made wine from near the door of the petitioner where fodder was stored.

4. A preliminary objection has been raised by Mr. Jharkhandi Upadhyay, learned Additional Public Prosecutor appearing for the State that in view of the provisions prescribed under sub-section (2) of Section 76 of ‘the Act’ the instant application under Section 438 of the Cr.P.C. is not maintainable.

5. On the other hand, learned counsel for the petitioner submitted that there would be no application of sub-section (2) of Section 76 of the Act in view of the fact that nothing was recovered from