Abhay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49837 of 2026 Arising Out of PS. Case No.-559 Year-2026 Thana- SONEPUR District- Saran ====================================================== Abhay Kumar S/o Birendra Singh R/o Village- Bakarpur, P.S.- Sonepur, Dist.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhavesh Kumar Sah, Adv.

Mr. Sumit Kumar Singh, Adv.

Ms. Archana Aanand, Adv.

For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR ORAL ORDER 22-07-2026 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Sonepur P.S. Case No. 559 of 2026 for the offence alleged under Section 30(a) Bihar Prohibition and Excise Act.

3. Prosecution story in brief, is that on 22.05.2026, the S.H.O. of Sonepur Police Station along with other police personnel in course of their patrolling , got secret information that liquor dealers Rajesh Kumar, Prabhat Kumar Dubey and the petitioner (Abhay Kumar) along with others were hiding a huge quantity IMFL near the Railway Demu shed in Paharichak and taking it somewhere. When the Police reached the spot at around 12.30 in the night, on seeing the police all of them

Patna High Court CR. MISC. No.49837 of 2026(2) dt.22-07-2026 2/3 started running away, out of which Rajesh Kumar and Prabhat Kumar Dubey was apprehended by the Police and one person managed to escape. During the search, 19.5 litres of IMFL and two scooty have been recovered from the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and falsely been implicated in this case. The counsel further submits that the petitioner has no criminal antecedent and the petitioner has falsely roped in this case due to village party politics and by managing the police administration.

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

6. Having heard the parties and considering the fact that the petitioner's name has transpired in this case only on the basis of secret information and discloser of apprehended co-accused. I am inclined to grant the petitioner benefit of anticipatory bail. Let the petitioner above named, in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court is connection with Sonepur P.S.

Patna High Court CR. MISC. No.49837 of 2026(2) dt.22-07-2026 3/3 Case No. 559 of 2026, subject to the conditions as laid down under Section 482(2) of the Bhartiya Nagarika Suraksha Sanhita, 2023.

(Alok Kumar, J) Anand/- U T