Prabhakar Kumar Paswan @ Prabhakar Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12573 of 2025 Arising Out of PS. Case No.-414 Year-2024 Thana- LADANIA District- Madhubani ====================================================== Prabhakar Kumar Paswan @ Prabhakar Raj Son of Late Vidhyakar Paswan Resident of Village- Dalokhar, P.S.- Ladania, Distt.- Madhuban, Bihar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vikas Kumar Jha, Advocate.

For the Opposite Party/s:

Mr.Akbar Ali, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 28-03-2025 Heard Mr. Vikas Kumar Jha, learned counsel appearing on behalf of the petitioner and Mr. Akbar Ali, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Ladania P.S. Case No. 414/2024 registered for the offence punishable under Sections 274 and 275 of the BNS, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act.

3. Allegation is of recovery of 405 litres of Nepali country made liquor from the stack of straw kept near the house of the petitioner.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in the case due to local village politics and enmity. He has no concern either with the seized liquor or trade of liquor in any

Patna High Court CR. MISC. No.12573 of 2025(2) dt.28-03-2025 2/2 manner. The place of recovery is an open place which is accessible to anyone. The petitioner has clean antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Having considered the rival submissions made on behalf of the parties and nature of allegation against the petitioner, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II cum Special Judge, Excise Act, Madhubani in connection with Ladania P.S. Case No. 414/2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force.

8. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T