Md. Abul Heyat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14592 of 2026 Arising Out of PS. Case No.-1110 Year-2024 Thana- GAYA MUFASIL District- Gaya ====================================================== MD. ABUL HEYAT Son of Md. Kasim Resident of Village - Bhadeja, P.S.- Muffasil, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramakant Singh, Advocate For the Opposite Party/s :

Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 26-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Muffasil P.S. Case No. 1110 of 2024 instituted for the offence under Sections 190, 191(2), 191(3), 126(2), 115(2), 121, 132, 109, 352 & 324(4) of the B.N.S., 2023 and under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. The case of the prosecution is that two group of persons were pelting stone on each other on a trivial issue. When police reached there and started disbursing the public, the public started pelting stones and boulders on police. After that the police chased the public and apprehended altogether 18

Patna High Court CR. MISC. No.14592 of 2026(2) dt.26-02-2026 2/3 persons and they were named in the FIR.

4. Learned counsel for the petitioner has submitted that the nature of allegation is general and omnibus. No specific overt act is alleged against the petitioner and minor injuries incurred in the occurrence. From perusal of the FIR it transpires that from a scooty altogether 375 ml. of country made foreign liquor was recovered. It has been argued by the learned counsel for the petitioner that the scooty does not belong to this petitioner. It is further submitted that brother-in-law of the petitioner had taken the scooty from him. The petitioner had no knowledge about the alleged liquor. It is further submitted that similarly situated co-accused persons have been extended the privilege of bail vide orders dated 18.07.2025 and 09.02.2026 passed in Cr. Misc. Nos. 43963 of 2025 & 5210 of 2026. The petitioner is having no criminal antecedent.

5. Learned APP appearing for the State has vehemently opposed the prayer for bail to the petitioners.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender

Patna High Court CR. MISC. No.14592 of 2026(2) dt.26-02-2026 3/3 in connection with Muffasil P.S. Case No. 1110 of 2024, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) of them with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1, Gaya Ji/concerned court, subject to the conditions as laid down under Section 482(2) of the BNSS. (Ashok Kumar Pandey, J) Jagdish/- U T