Abhishek Kumar @ Raja @ Avishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30473 of 2026 Arising Out of PS. Case No.-67 Year-2026 Thana- KONCH District- Gaya ====================================================== Abhishek Kumar @ Raja @ Avishek Kumar, S/o of Niranjan Singh @ Niranjan Sharma, R/o Village - Konch Bazar, PS - Konch, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 12-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Konch P.S. Case No. 67 of 2026 registered for the alleged offences under Section 8, 20 (b) (ii) (B) of the NDPS Act and Section 30(a) of the Bihar Prohibition & Excise Act.

3. As per prosecution case, police received secret information about co-accused Niranjan Singh selling ganja and liquor from his cold drink shop. A raid was conducted and recovery of 150 gram of ganja was made from his shop. The apprehended co-accused disclosed that the petitioner had been bringing ganja and they have kept the ganja and illicit liquor in their house. Further raid was conducted in the house of the coaccused and the petitioner and in this manner, recovery of 82.5

Patna High Court CR. MISC. No.30473 of 2026(2) dt.12-05-2026 2/3 liters of illicit foreign liquor and 7 kg of ganja was made from the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner was not apprehended from the spot and nothing incriminating has been recovered from the person/possession of the petitioner. The petitioner is a student of BA (Hons) and has been preparing for competitive examination. The petitioner has no knowledge about the ganja and foreign liquor kept in the shop and his house by the co-accused father. The co-accused father of the petitioner is already in custody. The petitioner is in custody since 13.03.2026 and is having clean antecedents.

5. Learned APP for the State opposes the submission made on behalf of the petitioner. The learned APP submits that the co-accused father of the petitioner himself named the petitioner for being involved in trading the ganja and dealing with the illicit liquor.

6.Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that the petitioner is said to be a student and his antecedent is clean and further considering the fact that his co-accused

Patna High Court CR. MISC. No.30473 of 2026(2) dt.12-05-2026 3/3 father is already in custody and also considering the period of custody of the petitioner, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge, Court No.-4, Gaya/court concerned in connection with Konch P.S. Case No. 67 of 2026, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T