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Patna High Court

Munni KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
                 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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