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Patna High Court

Munni KhatoonversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, subject to a bond and specified conditions.

Summary

Munni Khatoon was arrested on 27 May 2026 in connection with a case involving the alleged possession of 82 litres of Mahua liquor, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The petitioner contended that the liquor was recovered from a bush and not from her conscious possession, and that the case was based solely on suspicion and a tip from a local chowkidar, with no substantive evidence linking her to the contraband. The prosecution opposed bail, highlighting seven prior criminal antecedents, though noting she was already out on bail for those matters. The High Court, after considering the lack of material evidence and the petitioner’s custody since 27 May, granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence or witnesses, and verification of her criminal antecedents. The order directed that bail should not be delayed for verification purposes.

Issues considered

  • What is the adequacy of the evidence against the petitioner to justify continued detention?
  • Do the petitioner’s prior criminal antecedents preclude the grant of bail in the present case?
  • Whether bail can be granted under the provisions of the Bihar Prohibition and Excise Act, 2018 despite the nature of the alleged offence.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Mahua liquor
  • criminal antecedent
  • suspicion
  • Indian criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43322 of 2026
                        Arising Out of PS. Case No.-307 Year-2025 Thana- BELHAR District- Banka
                 ======================================================
                 Munni Khatoon W/o Md. Karim @ Karim Miyan R/o vill - Gorganwan,
                 (Gorgama), P.O.- Dumariya, P.S.- Belhar, Distt.- Banka

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shubhesh Pandey, Advocate
                 For the Opposite Party/s :       Mr. Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   07-07-2026                        Heard Mr. Shubhesh Pandey, learned counsel for

                   the petitioner and Mr. Shailendra Kumar, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   27.05.2026 in connection with Belhar P.S. Case No. 307 of

                   2025, F.I.R. dated 04.12.2025 for the offences punishable under

                   Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

                               3. Recovery is of 82 liters of Mahua liquor.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and she has falsely been implicated in the

                   present case. He further submits that it appears from the F.I.R.

                   as well as seizure list that nothing has been recovered from the

                   conscious possession of the petitioner rather the recovery has

                   been made from near a bush and the petitioner has been made
Patna High Court CR. MISC. No.43322 of 2026(2) dt.07-07-2026
                                            2/3




          accused merely on the basis of suspicion as well as secret

          information gathered by the local chowkidar. He next submits

          that except the suspicion, no other cogent material has come

          during investigation which suggest the involvement of the

          petitioner in the present occurrence. The petitioner is in custody

          since 27.05.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner and

          submits that petitioner carries seven criminal antecedent other

          than the present one but fairly submits on the basis of

          paragraph-3 of the bail application that the petitioner is on bail

          in the said matters.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, 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 learned Exclusive

          Special Excise Court No.1, Banka in connection with Belhar

          P.S. Case No. 307 of 2025, subject to the following conditions:-

                        i. Petitioner shall co-operate in the trial and shall be

           properly represented on each and every date fixed by the court

           and shall remain physically present as directed by the court and

           on her absence on two consecutive dates without sufficient
            Patna High Court CR. MISC. No.43322 of 2026(2) dt.07-07-2026
                                                        3/3




                       reason, his bail bond shall be cancelled by the Court below.

                                    ii. If the petitioner tampers with the evidence or the

                       witnesses, in that case, the prosecution will be at liberty to

                       move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed her

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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