Patna High Court
Phulmani Murmu @ Shaili MurmuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000 and two sureties.
Summary
The petitioner, Phulmani Murmu, feared arrest in an excise case where 45 litres of illicit liquor were seized, leading to charges under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution alleged her involvement, while her counsel asserted her innocence and lack of any criminal record. The court considered the modest quantum of the seizure and the petitioner’s status as a woman. Relying on the provisions of Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the BNSS, the bench decided to grant bail. The petitioner was ordered to furnish a bail bond of Rs.10,000 with two sureties of equal amount within four weeks of the order. The bail was conditioned on compliance with the standard procedural requirements.
Issues considered
- Whether bail should be granted to the petitioner pending trial under Section 30(a) of the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- excise
- illicit liquor
- gender
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37791 of 2026
Arising Out of PS. Case No.-19 Year-2026 Thana- EXCISE BAARSOI District- Katihar
======================================================
Phulmani Murmu @ Shaili Murmu W/o Bablu Marandi @ Dashmat Marandi
R/o - Dangi, Ward no. 3, PS - Kadwa, District - Katihar
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar Singh
For the Opposite Party/s : Mr.Md. Shakir Ahmad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends her arrest in
connection with Barsoi Excise P.S. Case No. 19 of 2026
registered for the offence under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per the prosecution case, the recovery is of
45 liters of illicit liquor.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and she has falsely
been implicated in this case. He further submits that the
petitioner has no criminal antecedent.
5. Considering the quantum of recovery and the
fact that the petitioner is a woman, this application is allowed.
Patna High Court CR. MISC. No.37791 of 2026(2) dt.16-06-2026
2/2
6. Let the petitioner, above named, in the event of
her arrest or surrender before the concerned Court below within
four weeks from today, 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 the concerned Court
below in connection with Barsoi Excise P.S. Case No. 19 of
2026, subject to the conditions laid down in Section 438(2) of
the Code of Criminal Procedure, 1973 / Section 482 of the
BNSS.
(Sandeep Kumar, J)
Vikas/-
U
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