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Patna High Court

Munni DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, Munni Devi, on the condition of a Rs.10,000 bond with two sureties.

Summary

Munni Devi was arrested along with two other women after police seized 113 litres of country-made liquor from an auto rickshaw. She was charged under Section 30(a) of the Bihar Prohibition and Excise Act and has been in judicial custody since 29 January 2026. The petitioner, represented by Mr. Md Musowir, argued that she has no prior criminal record and that co‑accused women were previously granted bail by a coordinate bench. The State, through Mr. Kanhiya Kishor, opposed the bail on the ground of the seriousness of the offence. Considering the facts, the lack of antecedents, and the principle of parity with the co‑accused, the court ordered her release on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the offence and the absence of prior criminal record.
  • Whether the principle of parity with co‑accused who were granted bail warrants the same relief for the petitioner.

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • contraband liquor
  • parity
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19647 of 2026
                    Arising Out of PS. Case No.-25 Year-2026 Thana- AAJAM NAGAR District- Katihar
                 ======================================================
                 Munni Devi W/o Dharmendra Vishwash Resident of Village- Chakdha, P.S.
                 -Azamnagar, District- Katihar
                                                                         ... ... Petitioner
                                               Versus
                 The State of Bihar
                                                                  ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Md Musowir
                 For the Opposite Party/s :      Mr.Kanhiya Kishor
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

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

                   A.P.P. for the State.

                                2. The petitioner seeks bail in connection with

                   Azamnagar P.S. Case No. 25 of 2026, dated 19.01.2026,

                   registered for the offence under Section 30(a) of the Bihar

                   Prohibition and Excise Act.

                                3. As per the allegation, three ladies were found to be

                   travelling in an auto rickshaw and on seeing the police, they

                   tried to flee away, but they were apprehended by the police.

                   Petitioner was also apprehended as one of them and 113 liters of

                   country made liquor was recovered from the bags kept on the

                   said auto rickshaw.

                                4. Learned counsel appearing for the petitioner

                   submits that the petitioner has got no criminal antecedents and

                   she being a lady is in judicial custody since 29.01.2026 and
          Patna High Court CR. MISC. No.19647 of 2026(2) dt.25-03-2026
                                                      2/2




                    similarly situated co-accused persons, namely, Rekha Devi and

                    Anokha Devi, have been granted the privilege of bail by a

                    coordinate Bench of this Court by order dated 23.02.2026

                    passed in Cr. Misc. No. 12117 of 2026.

                                 5. Learned A.P.P. for the State vehemently opposed

                    the prayer for bail of the petitioner.

                                 6. Considering the facts and circumstances of the case

                    as well as the parity, let the, above named, petitioner be released

                    on bail on furnishing bail bond of Rs. 10,000/- (ten thousand)

                    with two sureties of the like amount each to the satisfaction of

                    learned A.D.J. Exclusive Special Excise Court-II, Katihar, in

                    connection with Azamnagar P.S. Case No. 25 of 2026.



                                               (Praveen Kumar, J)
Pawan/-

U     T


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