Patna High Court
Mosmat. Munna Devi @ Munna KuarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioner with conditions.
Summary
Munna Devi, a widow, applied for anticipatory bail in a case under section 30(a) of the Bihar Prohibition and Excise Act where 25 litres of country-made liquor were allegedly seized. The prosecution alleged that the liquor was kept at her premises, but the defence argued that nothing was recovered from her conscious possession and that she was being targeted due to personal enmity. The State opposed bail citing her criminal antecedents. Relying on the Full Bench decision in Ram Vinay Yadav v. State of Bihar, which held that anticipatory bail can be granted despite the bar under section 76(2) if no offence is made out, the Court found no material to deny bail. Consequently, the Court granted anticipatory bail with a bond of Rs.10,000 and five conditions, including cooperation with investigation and non‑tampering with witnesses.
Issues considered
- Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise Act despite the bar under Section 76(2).
- Whether the absence of seizure from the petitioner’s conscious possession justifies granting anticipatory bail.
- Whether the petitioner’s criminal antecedents preclude the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 76(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- section 30
- section 76(2)
- criminal antecedent
- bail conditions
- possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21586 of 2026
Arising Out of PS. Case No.-37 Year-2026 Thana- BAIRIYA District- West Champaran
======================================================
Mosmat. Munna Devi @ Munna Kuar Wife of Late Gallu Mahto Resident of
Village- Nuniya Tola Ward No. 05, P.S.- Bairiya, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarvesh Kashyap, Advocate
: Mrs. Kumari Akanksha Rai, Advocate
: Mr. Anant Kumar Mishra, Advocate
For the State : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 16-04-2026 Heard the parties.
2. The petitioner is apprehending her arrest in
connection with Bairiya P.S. Case No. 37 of 2026 for the
offence under sections 30(a) of the Bihar Prohibition and Excise
Act lodged on 15.01.2026 by the informant, Navin Kumar.
3. As per the prosecution story, the informant alleged
that on secret information about the lady keeping the country
made liquor, raided the place and there is recovery/seizure of 25
liter country made liquor. This led to the FIR.
4. Learned counsel for the petitioner submits that it
has not been recovered from her conscious possession and the
local chowkidar due to enmity repeatedly named her which led
to a poor widow lady coming in the police net/criminal case
everytime.
5. Further, learned counsel for the petitioner relied on
Patna High Court CR. MISC. No.21586 of 2026(2) dt.16-04-2026
2/3
the judgment of the Full Bench of Hon’ble Patna High Court in
the case of Ram Vinay Yadav vs. State of Bihar reported in
2019 (2) PLJR 1089 wherein it has been held that an
application for anticipatory bail in a case arising out of Bihar
Excise and Prohibition Act can be maintained, despite the bar
under Section 76(2) of the Act, if on the basis of allegation
made in the FIR, no offence under the said provision is made
out.
6. Learned APP opposes the prayer submitting that
she has criminal antecedent.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that nothing has been recovered from her conscious
possession, in that background, this Court is inclined to extend
her the privilege of anticipatory bail with conditions.
8. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Special Judge Excise Court-I, Bettiah,
West Champaran in connection with Bairiya P.S. Case No. 37 of
2026 subject to the following conditions:
Patna High Court CR. MISC. No.21586 of 2026(2) dt.16-04-2026
3/3
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document to show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
vinayak/-
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