Patna High Court
MD. ABUL HEYATversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
In the absence of specific allegations against the petitioner and given his clean record and the bail already granted to co‑accused, the court held that anticipatory bail should be granted subject to prescribed conditions.
Summary
MD Abul Heyat applied for anticipatory bail fearing arrest in a case arising from a stone‑pelting incident in Gaya where police recovered 375 ml of foreign liquor from a scooty. The FIR charges him under multiple sections of the Bihar Narcotic Substances Act, 2023 and the Bihar Prohibition and Excise (Amendment) Act, 2022. The petitioner contended that the scooty belonged to his brother‑in‑law, he had no knowledge of the liquor, and the allegations were vague with no specific overt act attributed to him. The State opposed bail, arguing the seriousness of the offences. The court noted the lack of specific allegations, the petitioner’s clean record, and that co‑accused had already been granted bail, and therefore ordered anticipatory bail subject to conditions under Section 482(2) of the BNSS. He was directed to surrender within four weeks and furnish a bail bond of Rs 10,000 with two sureties.
Issues considered
- Whether anticipatory bail can be granted in view of the allegations under the Bihar Narcotic Substances Act, 2023 and the Bihar Prohibition and Excise (Amendment) Act, 2022
- Whether the FIR sufficiently specifies the petitioner’s participation in the alleged offences
- Whether the petitioner’s clean criminal record and the bail granted to co‑accused justify granting anticipatory bail
- Whether conditions under Section 482(2) of the BNSS are applicable
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 109, 115(2), 121, 126(2), 132, 190, 191(2), 191(3), 324(4), 352, 482(2)
Subjects
- anticipatory bail
- FIR
- stone pelting
- foreign liquor seizure
- Bihar Narcotic Substances Act
- Bihar Prohibition and Excise Act
- clean record
- bail conditions
Judgment
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
2 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
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