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Patna High Court

Mukesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond, sureties, and strict conditions of appearance.

Summary

The petitioner, Mukesh Kumar, sought bail in a case (Mirganj PS Case No. 151 of 2016) involving alleged offences under Sections 47(a) and 47(g) of the Bihar Prohibition and Excise Act and Sections 272, 273 and 420 of the IPC, where 12.600 litres of liquor were allegedly recovered from him on a bus. He had previously been granted bail in 2016, which was cancelled in 2023 for non‑appearance, leading to a non‑bailable warrant and his surrender in November 2025. The State opposed the bail application, arguing the petitioner’s prior default and the seriousness of the offences. The Court considered the petitioner’s clean antecedent, the period already spent in custody, and the principle of bail as a right unless compelling reasons exist to deny it. Accordingly, the Court granted bail on the condition of a Rs.15,000 bond with two sureties, one of whom must be a close family member, and mandated his appearance at every trial date, with the possibility of cancellation upon two consecutive defaults.

Issues considered

  • Whether bail should be granted to the petitioner despite prior cancellation of bail and issuance of a non‑bailable warrant.
  • Whether the nature of the offences under the Bihar Prohibition and Excise Act and IPC warrants denial of bail.

Legislation cited

Subjects

  • bail
  • prohibition act
  • excise
  • IPC
  • non‑bailable warrant
  • prior bail cancellation
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.493 of 2026
                     Arising Out of PS. Case No.-151 Year-2016 Thana- MIRGANJ District- Gopalganj
                 ======================================================
                 Mukesh Kumar Son of Nathuni Prasad Resident of Village- Purv Mohalla,
                 Mirganj, P.S.- Mirganj, District- Gopalganj

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pritish Ranjan, Advocate
                 For the Opposite Party/s :       Mr. Zainul Abedin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   20-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with

                   Mirganj PS Case No. 151 of 2016 instituted for the offences

                   under Section/s 47(a), 47(g) of the Bihar Prohibition and Excise

                   Act and Sections 272, 273 & 420 of the Indian Penal Code (for

                   short ‘IPC’).

                           3.       The prosecution case, in short, is that 12.600 liters

                   liquor was recovered from the possession of the petitioner while

                   travelling in a bus.

                           4.       The present one is the case of misuse of privilege

                   of bail. Learned counsel for the petitioner submits that petitioner

                   was granted bail by the Court below on 14.09.2016 and his bail
Patna High Court CR. MISC. No.493 of 2026(2) dt.20-01-2026
                                            2/3




          bonds were cancelled on 18.09.2023 due to non-pairvy.

          Thereafter, non bailable warrant was issued against the

          petitioner, pursuant to which petitioner surrendered in the Court

          below on 01.11.2025. It is next submitted that charges in this

          case have been framed on 18.11.2023. Learned counsel for the

          petitioner lastly submits that the petitioner undertakes to abide

          by all conditions as may be imposed by this Hon’ble Court.

                  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, clean antecedent of the petitioner and 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/- (Fifteen thousand) with two sureties

          of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Mirganj PS Case

          No. 151 of 2016, subject to the following conditions:

                  (I) One of the bailors shall be own/close member of the

          family of the petitioner.

                  (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two
           Patna High Court CR. MISC. No.493 of 2026(2) dt.20-01-2026
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                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.




                                                                  (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T


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