IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32095 of 2025 Arising Out of PS. Case No.-101 Year-2024 Thana- MIRGANJ District- Gopalganj ====================================================== Mukul Sharma Son of Algu Sharma Resident of Village - Narainiya, P.S.- Mirganj, District - Gopalganj. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajeev Ranjan, Advocate For the Opposite Party/s : Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 2 22-05-2025 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. 2. The petitioner seeks regular bail in connection with Mirganj P.S. Case No. 101 of 2024 (Trial No. 6672/2024) registered for the offences under Section 414 of the I.P.C., and under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. 3. As per the prosecution case, on secret information that Mukul Sharma (petitioner) was standing with liquour for sale near his white colour car, the police personnel chased the petitioner, however, the petitioner is said to have succeeded in fleeing away from the spot and on search a total of 274.680 liters foreign liquour was Patna High Court CR. MISC. No.32095 of 2025(2) dt.22-05-2025 2/4 recovered from the car. 4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. It has been submitted that no such recovery as has been stated in the F.I.R., has been made and nothing has been recovered from the conscious possession of the petitioner. He further submitted that there is no evidence to connect the petitioner with the alleged recovered liquor. Learned counsel for the petitioner further submitted that earlier the petitioner was granted anticipatory bail by a co-ordinate Bench of this Court, however, on account of suppression of the antecedent in the said petition his bail bond was not accepted and ultimately, the petitioner was arrested and sent to judicial custody on 22.10.2024. 5. Learned counsel for the State has opposed the prayer for bail of the petitioner and stated that the petitioner was carrying huge consignment of liquour in his car. 6. Considering the aforesaid submissions by the learned counsel for the parties and taking into account the nature of offence as well as the period of custody undergone by the petitioner, let the petitioner, above named, be Patna High Court CR. MISC. No.32095 of 2025(2) dt.22-05-2025 3/4 released on bail, on deposit of a sum of Rs. 5000/- in the account of the Patna High Court Legal Services Committee, Patna and an acknowledgment receipt be submitted before the learned Court below prior to the furnishing of bail bond, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge IV cum Exclusive Special Excise Court no. II, Gopalganj, in connection with Mirganj P.S. Case No. 101 of 2024 (Trial No. 6672/2024), subject to the conditions that: a. One of the bailors of the petitioner shall be his/her close relative. b. The petitioner shall remain physically present in Court on each date of trial. c. In case of absence on two consecutive dates, or in violation of the terms of the bail and if the prosecution finds the involvement of the petitioner in similar nature of offence, the bail bond of the petitioner will be liable to be cancelled by the Court concerned. d. And further condition that the court below shall verify the criminal antecedent of the Patna High Court CR. MISC. No.32095 of 2025(2) dt.22-05-2025 4/4 petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bonds of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. e. If the petitioner is found involved in a similar nature of offence, the prosecution shall be at liberty to move the lower court for cancellation of bail. aditya/- (Sourendra Pandey, J) U T