CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

2 10-12-2025 Heard the parties.

2. The petitioner is apprehending his arrest in connection with Sadar Excise P.S. Case No. 189 of 2025 for the offence under sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act lodged on 12.08.2025 by the informant, Alpana Rani.

3. As per the prosecution story, the Police intercepted a three wheeler and there is recovery/seizure of 70 liters of country- made liquor and one Mohan Kumar was arrested from the spot.

This led to the FIR.

because he earlier used to own the three-wheeler, got implicated. Actually, he sold the said three-wheeler to the person apprehended on 07.04.2025 which has been annexed as annexure-2 to the petition.

the judgment of the Full Bench of Hon’ble Patna High Court in the case of Ram Vinay Yadav vs. State of Bihar reported in 2019 (2) PLJR 1089 wherein it has been held that an application for anticipatory bail in a case arising out of Bihar Excise and Prohibition Act can be maintained, despite the bar under Section 76(2) of the Act, if on the basis of allegation made in the FIR, no offence under the said provision is made out.

6. Learned APP opposes the prayer submitti