Patna High Court
Munni KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The petitioner is entitled to bail subject to the conditions prescribed under the Bharatiya Nagrik Suraksha Sanhita, 2023.
Summary
Munni Kumari, the petitioner, was apprehended for alleged involvement in the recovery of 351,600 liters of illicit liquor seized from a vehicle registered in her name. She contended that she had sold the vehicle before the seizure and had no conscious possession of the liquor, asserting a clean criminal record. The State opposed bail, citing the seriousness of the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The Court examined the lack of evidence of her possession, the disputed ownership of the vehicle, and her clean antecedent, and applied the bail provisions of the Bharatiya Nagrik Suraksha Sanhita, 2023. Accordingly, the Court ordered that she be released on bail upon furnishing a bond of ₹30,000, subject to conditions under Section 482(2) of the same Act.
Issues considered
- Whether the petitioner is entitled to bail despite the alleged involvement in the illicit liquor case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner’s claim of having sold the vehicle and lack of conscious possession negates the grounds for denial of bail.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 2(1)(d), 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
Subjects
- bail
- illicit liquor
- excise offence
- vehicle ownership dispute
- clean antecedent
- Section 30(a)
- Bihar Prohibition and Excise Act
- Bharatiya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24960 of 2026
Arising Out of PS. Case No.-23 Year-2026 Thana- Mabby District- Darbhanga
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Munni Kumari Daughter of Mithilesh Thakur Resident of Village - Thomma,
Ward No. 06, P.S.- Runnisaidpur, District - Sitamarhi (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vinay Kumar Mishra, Advocate
For the Opposite Party/s : Mr.Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 29-04-2026 Heard learned Counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Mabbi P.S. Case No. 23 of 2026 registered on 05.02.2026
for the offences punishable under Section 30(a) of the Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. As per prosecution, total recovery of 351.600 liters
of illicit liquor, loaded on a car, is the subject matter of the
present case.
4. It is submitted by learned counsel for the petitioner
that the petitioner is innocent and has committed no offence. It
is contended that no recovery has been made from the conscious
possession of the petitioner; rather, her implication in the
present case is solely on the ground that the alleged recovery
was effected from a vehicle registered in her name. Learned
Patna High Court CR. MISC. No.24960 of 2026(2) dt.29-04-2026
2/2
counsel further submits that although the vehicle in question
continues to stand in the name of the petitioner, he had already
sold the said vehicle to one Kumar Rakesh Yadav @ Raksh
Yadav, who, in turn, sold it to Deepak Kumar on 24.02.2025;
however, the ownership could not be formally transferred in the
official records. It is also submitted that the petitioner has a
clean criminal antecedent.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that the antecedent of the
petitioner is clean.
6. In the facts and circumstances, let the above named
petitioner be released on bail, in the event of arrest or surrender
before the Trial Court within a period of four weeks from today,
on furnishing bail bond of ₹30000/- (thirty thousand) as
mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha
Sanhita, 2023 to the satisfaction of the Exclusive Special Judge,
Excise-I, Darbhanga, in connection with aforementioned case,
subject to the conditions as laid down under Section 482(2) of
the Bharatiya Nagrik Suraksha Sanhita, 2023.
(Dr. Anshuman, J)
Ashwini/-
U T
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