Rajendra Menon, J.

This is a reference made by a learned Single Bench of this Court on 10.08.2017 and the question referred to us for consideration reads as under:

“Whether against any order, granting or refusing bail, by the Special Court constituted under “the Act”, in respect of an offence under “the Act”, an application under Section 439 and 440 of “the Code”, or an appeal under Section 89 of “the Act” would be maintainable before this Court?”

2. Before adverting to consider the aforesaid question, it would be appropriate to take note of certain statutory provisions as are contained in the Code of Criminal Procedure, (hereinafter referred to as “the Code”), the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as “the Prohibition Act”) and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “SC & ST Act”).

3. As far as the Code of Criminal Procedure is concerned, Section 439 of the Code contemplates a provision granting special powers to the High Court or the Court of Sessions regarding grant of a bail to a person.

4. The Bihar Prohibition and Excise Act, 2016 was brought into force with effect from 2nd