Patna High Court
Munni KhatoonversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.