Mukul Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61120 of 2025 Arising Out of PS. Case No.-195 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== Mukul Sah S/O Sri Mundrika Sah Resident of Village- Chittu Tola, P.S.- Thawe, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Priyadarshni Kumari, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Excise P.S. Case No. 195 of 2019 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Prosecution case, in short, is that total 61.400 litres illicit liquor has been recovered from the house of the petitioner.

4. Learned counsel for the petitioner submitted that present case is the case of misuse of privilege of bail earlier granted to the petitioner. Earlier the petitioner was granted bail vide order dated 25.07.2019 passed in Cr. Misc. No. 45435 of 2019 by a coordinate Bench of this Court. It is further submitted that on 28.04.2020, the bail bonds of the petitioner was

Patna High Court CR. MISC. No.61120 of 2025(4) dt.04-12-2025 2/3 cancelled due to his absence and Non-bailable warrant was issued against him. Learned counsel further submitted that when the petitioner came to know about the issuance of NBW, he surrendered before the learned court below on 21.06.2025 and since then, he is in custody. He further submitted that the case is at the stage of prosecution evidence and the summon has been issued against the prosecution witness and the same is evident from the report dated 01.11.2025 sent by learned court below pursuant to order dated 24.09.2025. Petitioner bears five criminal antecedents as per disclosure made in paragraph no. 3 of the present bail application. Learned counsel further submitted that petitioner undertakes to abide by any conditions imposed by this Court, if released on bail.

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

6. Considering the aforesaid facts and circumstances of the case, the undertaking given by the petitioner as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.61120 of 2025(4) dt.04-12-2025 3/3 below/concerned Court in connection with Excise P.S. Case No. 195 of 2019.

(Rudra Prakash Mishra, J) Alok Verma/- U T