IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.34741 of 2026 Arising Out of PS. Case No.-679 Year-2025 Thana- NOORSARAI District- Nalanda ====================================================== Vikash Paswan S/o of Chando Paswan Resident of Village- Dahpar, P.S.- Noorsarai, District- Nalanda. ... ... Petitioner/s Versus The State of Bihar . ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Anil Kumar Singh, Adv For the Opposite Party/s : Mr.Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 2 20-05-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. The Petitioner is apprehending his arrest in connection with Noorsarai P.S. Case No. 679 of 2025 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Amendment Act and Sections 25(1-B)a, 26, 35 of the Arms Act. 3. As per the prosecution case, from the room of co- accused Rakesh Paswan, two country-made pistols, three live cartridges, one empty shell, four liters of country-made wine, and a cash amount of Rs. 18,01,050/- were recovered. 4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It has further been submitted that the alleged recovery Patna High Court CR. MISC. No.34741 of 2026(2) dt.20-05-2026 2/3 was made from the room of co-accused Rakesh Paswan, and that the room was in the exclusive possession of co-accused Rakesh Paswan. It has further been submitted that the petitioner happens to be the brother of Rakesh Paswan, and that he is not residing there; rather, he resides in Bihar Sharif with his wife and children and works in a private company for his livelihood. It has further been submitted that, since the petitioner has a right in the property, being joint property, he has been made an accused. It has further been submitted that the search and seizure, as prescribed under Section 103 of the BNSS, has not been followed. Lastly, it has been submitted that the petitioner has no criminal antecedent. 5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner. 6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, in connection with Noorsarai P.S. Case No. 679 of 2025 subject Patna High Court CR. MISC. No.34741 of 2026(2) dt.20-05-2026 3/3 to the conditions as laid down under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita (B.N.S.S.) 7. This application stands allowed. niku/aarti/- (Praveen Kumar, J) U T