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Patna High Court

Munni DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that provisional anticipatory bail may be granted subject to bond, sureties, and verification of antecedent under Section 482(2) of the BNSS.

Summary

Munni Devi, wife of Naresh Nut, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 20 litres of liquor from a public area. She argued she had no possession of the liquor, the location was not her property, and she was falsely implicated by a chowkidar due to enmity with her husband. The State opposed the bail. The Court, considering her clean antecedent and the circumstances, granted provisional anticipatory bail on condition of a Rs.500 bond with two sureties, subject to verification of her criminal record under Section 482(2) of the BNSS. The order stipulated that if any antecedent is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail is appropriate in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the petitioner’s lack of possession and clean antecedent justify granting anticipatory bail.
  • Whether alleged false implication by a chowkidar affects the bail decision.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30
  • Section 482
  • clean antecedent
  • false implication
  • liquor seizure
  • public place

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37396 of 2026
                     Arising Out of PS. Case No.-712 Year-2025 Thana- MADHAURAH District- Saran
                 ======================================================
                 Munni Devi Wife of Naresh Nut Resident of Pakahan, P.S.- Marhaura,
                 District- Saran

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Mrityunjay Kumar Tiwary
                 For the Opposite Party/s :      Ms.Sharda Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   29-06-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.    The petitioner apprehends her arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and is a woman and

                   allegation is of recovery of 20 litres of liquor from Pakhan Nutt

                   Toli.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner

                   and is accessible to public at large and                  she came to be
Patna High Court CR. MISC. No.37396 of 2026(2) dt.29-06-2026
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          implicated at the instance of Chowkidar with whom her husband

          is on an inimical term. It is next submitted that Chowkidar in

          order to coerce her husband into submission falsely implicated

          the petitioner.

                   5.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                   6.     Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of her 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) 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 Marhaura P.S. Case No. 712 of 2025, subject to

          the conditions as laid down under Section 482(2) of the BNSS.

                   7.     It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioner and in the

          event if it is found that petitioner has antecedent of even one case

          then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed her antecedent before this

          Court, as such, the provisional anticipatory bail order shall not be

          confirmed, but after verification if it is found that petitioner is a

          person with clean antecedent in that event the provisional
              Patna High Court CR. MISC. No.37396 of 2026(2) dt.29-06-2026
                                                          3/3




                        anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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