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State of Bihar - Section

Section 76 in The Bihar Prohibition And Excise Act, 2016

76. Offences to be Cognizable and Non-Bailable.

(1)All offences under this Act shall be Cognizable and Non-Bailable and provisions of Code of Criminal Procedure, 1973 (Act 2 of 1974) shall apply.[Provided that offence committed for the first time under sub section (1) of section-37 and offence under section- 54 of the Act shall be bailable.] [Inserted by Bihar Act No. 8 of 2018, dated 30.7.2018.]
(2)Notwithstanding anything mentioned in subsection (1) above, nothing in Section-360 of Code of Criminal Procedure, 1973 (Act 2 of 1974), Section-438 of Code of Criminal Procedure, 1973 (Act 2 of 1974) and Probation of Offenders Act 1958 (20 of 1958) shall apply in relation to any case involving the arrest of any person on an accusation of having committed an offence under this Act.