IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3793 of 2026 Arising Out of PS. Case No.-414 Year-2024 Thana- LADANIA District- Madhubani ====================================================== Prabhakar Kumar Paswan @ Prabhakar Raj S/O Late Vidhyakar Paswan R/o- vill.- Dalokhar, P.S.- Ladania, Distt- Madhubani ... ... Petitioner/s Versus The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Saroj Kumar Choudhary, Advocate For the Opposite Party/s : Mr.Bharat Lal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 27-01-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Ladania P.S. Case No. 414 of 2024, instituted for the offences punishable under Sections 274, 275 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that total 405 liters of Nepali liquor was recovered from the stack of straw kept near the house of petitioner. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. He further submitted that vide order dated 28.03.2025 passed in Criminal Patna High Court CR. MISC. No.3793 of 2026(2) dt.27-01-2026 2/2 Miscellaneous No. 12573 of 2025, the petitioner was granted anticipatory bail, but due to criminal antecedent, petitioner could not be released on bail. Learned counsel for the petitioner further submitted that the recovery has been made from open place, which is accessible to public at large. The name of the petitioner transpired on the basis of secret information. The petitioner is in custody since 30.12.2025 and has got one criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ladania P.S. Case No. 414 of 2024. manish/- (Rudra Prakash Mishra, J) U T