The present petition was field under Section 438 of the Code of Criminal Procedure, 1973 for grant of bail in the event of arrest or surrender of the petitioner.

2. This anticipatory bail petition was filed on 1.5.2017 and by order dated 12.7.2017 a co -ordinate Bench of this court had summoned legible photo copy of the case diary and directed to list the case after receipt of the same. Since case diary was received in compliance with judicial order the office has placed the matter under the heading “For Admission” . When the matter was taken up Sri D.N. Tiwary , learned Additional Public Prosecutor raised an objection on the point of maintainability of the present petition. He submits that in view of Section 76 (2) of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as the “Act”) an anticipatory bail is not maintainable . Besides this he has argued that recently a co-ordinate Bench of this court by its order dated 07.07.2017 passed in Cr. Misc. No. 26109 of 2017 has already held that in a case relating to offence under the Act an application under Section 438 of the Cr.P.C. is not maintainable either before this court or before the court below. He submits t