Patna High Court
Munni DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail to the petitioners subject to conditions under Section 438(2) CrPC.
Summary
Munni Devi and Dukhani Mandal applied for anticipatory bail after learning that they might be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, alleging recovery of 31 litres of liquor from sacks not in their possession. They argued they have clean antecedents, the alleged liquor was recovered from a place not belonging to them, and the complaint appears to have been motivated by a personal dispute involving the village chaukidar. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.500 each with two sureties and conditions under Section 438(2) of the CrPC, directing the trial court to verify their antecedent and confirm or cancel the bail accordingly.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in the case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 30(a)
- Bihar Prohibition and Excise Act
- clean antecedent
- false complaint
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17297 of 2026
Arising Out of PS. Case No.-312 Year-2025 Thana- VIJAYEPUR District- Gopalganj
======================================================
1. Munni Devi W/O Harendra Mandal Resident of Village- Mathiya Musahar
Toli, P.S- Vijaypur, District- Gopalganj.
2. Dukhani Mandal @ Dukhanti Mandal S/O Late Banshi Mandal Resident of
Village- Mathiya Musahar Toli, P.S- Vijaypur, District- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Dubey, Advocate
For the Opposite Party/s : Mr. Shyam Bihari Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-03-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and petitioner no.
1 is a woman and allegation is of recovery of 31 litres of liquor
from sacks.
4. Learned counsel for the petitioners submits that
petitioners were not arrested from the spot, as such, nothing was
recovered from their conscious possession and even the alleged
recovery is from a place which does not belong to the
Patna High Court CR. MISC. No.17297 of 2026(2) dt.19-03-2026
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petitioners and is accessible to villagers at large. It is further
submitted that petitioners came to be implicated at the instance
of the Chawkidar with whom husband of the petitioner no. 1 is
on an inimical term. It is next submitted that if the Chawkidar
was aware of the involvement of the petitioners in the
occurrence then why he did not inform the police prior to the
institution of the instant FIR which casts an aspersion on the
case of the prosecution. It is also submitted that this perhaps
explains why the Chawkidar implicated the petitioner no. 1
along with her brother-in-law, when petitioners admittedly are
persons with clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, let the petitioners, above-named, in
the event of their arrest or surrender within a period of six
weeks from today, be released on provisional anticipatory bail
on furnishing bail bonds of Rs.500/- (Rupees Five Hundred)
each with two sureties of the like amount each to the satisfaction
of the learned Trial Court where the case is pending/Successor
Court in connection with Vijaipur P.S. Case No. 312 of 2025,
subject to the conditions as laid down under Section 438(2) of
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the Cr.P.C./482(2) of the B.N.S.S.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioners and
if it is found that petitioners have antecedent of even one case, it
would be presumed that petitioners had concealed their
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioners are persons with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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