Patna High Court

Prabhakar Kumar Paswan @ Prabhakar RajversusThe State Of Bihar

Decided: 27 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court inclined to grant bail to the petitioner.

Summary

Petitioner Prabhakar Kumar Paswan was arrested in connection with the recovery of 405 litres of Nepali liquor near his house, alleged to be offences under Sections 274, 275 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, stating no incriminating material was found in his possession and that the recovery was from an open public area, with his name disclosed only through secret information. He had previously been granted anticipatory bail but remained in custody due to a prior criminal antecedent and alleged non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail application. Considering the facts, the period of custody, and the procedural lapse, the Court inclined to grant bail, ordering the petitioner to furnish a bail bond of Rs.15,000 with two sureties of equal amount.

Issues considered

Whether bail should be granted to the petitioner in offences under the Bharatiya Nyaya Sanhita, 2023 and the Bihar Prohibition and Excise Act despite a prior criminal antecedent.
Whether the procedural requirement of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been complied with.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
Bharatiya Nyaya Sanhita, 2023 — s. 274, 275, 3(5)

Subjects

bail
illicit liquor
criminal antecedent
anticipatory bail
procedural compliance
Bharatiya Nyaya Sanhita
Bihar Prohibition and Excise Act
Bharatiya Nagarik Suraksha Sanhita

Judgment

                      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.


                                           (Rudra Prakash Mishra, J)
manish/-
U      T

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