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Patna High Court

Murti kumari @ Murat Devi @ Murti KuwarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to a bail bond and conditions under the BNSS, 2023.

Summary

The petitioner, Murti Kumari, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 concerning the recovery of two litres of illicit liquor. The prosecution alleged the offence, while the petitioner claimed innocence, no possession of the liquor, and a clean criminal record. The State opposed the bail. The High Court, considering the facts and the provisions of the Bihar Narcotic and Special Substances (BNSS) Act, 2023, granted anticipatory bail on the condition of furnishing a Rs.30,000 bail bond and compliance with Section 482(2) of the BNSS, 2023, directing the trial court to verify the petitioner’s antecedents. The order also allowed for cancellation of bail if the petitioner concealed any criminal antecedent. Thus, the petitioner was released on anticipatory bail pending trial.

Issues considered

  • What is the applicability of anticipatory bail under the BNSS, 2023 in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022?
  • Whether the petitioner’s claim of innocence and clean antecedent warrants grant of anticipatory bail?

Subjects

  • anticipatory bail
  • illicit liquor
  • prohibition act
  • bail bond
  • criminal antecedent
  • BNSS 2023

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15826 of 2026
                        Arising Out of PS. Case No.-12 Year-2026 Thana- PANAPUR District- Saran
                 ======================================================
                 Murti kumari @ Murat Devi @ Murti Kuwar W/o Late Rakatu Nut Resident
                 of village - Mohammadpur, P.S.- Panapur, Distt.- saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Mili Kumari, Advocate
                 For the Opposite Party/s :       Mr. Shyameshwar Dayal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   25-03-2026                           Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Panapur P.S. Case No. 12 of 2026, dated 14.01.2026,

                   lodged under Section 30(a) of the Bihar Prohibition and Excise

                   (Amendment) Act, 2022.

                                3. As per the prosecution, total recovery of 02 litres of

                   illicit liquor has been made, which is the subject matter of the

                   present case.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. He further

                   submits that nothing has been recovered from the possession of

                   the petitioner. Furthermore, he submits that the criminal

                   antecedent of the petitioner is clean.
         Patna High Court CR. MISC. No.15826 of 2026(2) dt.25-03-2026
                                                     2/2




                                5. Learned APP for the State opposes the prayer for

                   bail of the petitioner.

                                6. As such, in the present facts and circumstances of

                   this case, let the above named petitioner be released on

                   anticipatory bail, in the event of arrest or surrender before the

                   Trial Court within a period of 4 weeks from today, on furnishing

                   bail bond of Rs.30,000/- (Rupees Thirty Thousand) as

                   mentioned in Section 2(1)(d) of the BNSS, 2023 to the

                   satisfaction of 2nd Exclusive Special Excise Judge, Saran at

                   Chapra, in connection with Panapur P.S. Case No. 12 of 2026,

                   subject to the conditions as laid down U/s 482(2) of the BNSS,

                   2023.

                                7. It is further directed that the Trial Court shall verify

                   the criminal antecedent of the petitioner, and in case it is found

                   at any stage that the petitioner has concealed his criminal

                   antecedent, the Trial Court shall take steps for cancellation of

                   the petitioner’s bail bond. However, the acceptance of the bail

                   bond in terms of the above-mentioned order shall not be delayed

                   for the purpose of or in the name of verification.



                                                                        (Dr. Anshuman, J.)
Aman Kumar/-
U     T


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