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Patna High Court

Munar Devi @ Mukar DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted because the petitioner, a widow with no criminal antecedent and a modest quantity of alleged illicit liquor, satisfied the conditions for release under Section 438(2) CrPC and Section 482 BNSS.

Summary

Munar Devi, a widow, was implicated in a case (P.S. Case No. 36 of 2026) for allegedly possessing 15 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. She filed an application fearing arrest, asserting her innocence and lack of any criminal antecedent. The learned counsel highlighted her vulnerable status as a widow and the modest quantum of the alleged contraband. The Court considered the bail provisions under Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the BNSS. Finding no compelling reason to deny bail, the Court allowed the application, directing release on a bail bond of Rs.10,000 with two sureties, subject to the stipulated conditions. The order also required surrender within four weeks if arrested.

Issues considered

  • Whether bail should be granted to the petitioner under Section 438(2) CrPC and Section 482 BNSS in a case involving alleged possession of illicit liquor.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • prohibition law
  • widow
  • CrPC
  • Bihar Prohibition and Excise Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38671 of 2026
                        Arising Out of PS. Case No.-36 Year-2026 Thana- Panchanpur District- Gaya
                 ======================================================
                 Munar Devi @ Mukar Devi S/o Late Arun Manjhi R/o Vill- Dighaura,
                 Panchanpur, Dist-Gaya ji

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Arvind Kumar Singh
                 For the Opposite Party/s :        Mr.Suman Kumari Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   17-06-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2.         The petitioner apprehends his arrest in

                   connection with Panchanpur P.S. Case No. 36 of 2026 registered

                   for the offence under Section 30(a) of the Bihar Prohibition and

                   Excise Amendment Act, 2022.

                                   3. As per the prosecution case, the recovery is of

                   15 liters of illicit liquor from the petitioner.

                                   4. It has been submitted by the learned counsel for

                   the petitioner that the petitioner, who is a widow lady, is

                   innocent and 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 widow lady, this application is
          Patna High Court CR. MISC. No.38671 of 2026(2) dt.17-06-2026
                                                      2/2




                    allowed.

                                      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 Panchanpur P.S. Case No. 36 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/-

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