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Patna High Court

Munni DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to Munni Devi subject to prescribed conditions.

Summary

Munni Devi, a resident of Mithepur, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act after a bag allegedly containing illicit country‑made liquor was thrown during a police raid. No liquor was found in her conscious possession and she claimed the accusation was based solely on her gender and poverty. She applied for anticipatory bail, relying on the Patna High Court’s decision in Ram Vinay Yadav v. State of Bihar, which held that anticipatory bail can be granted despite the bar in Section 76(2) if the FIR does not disclose a prima facie offence. The State opposed, citing her criminal antecedents. The court, considering the lack of possession, the precedent, and her status as a woman, granted anticipatory bail subject to conditions under Section 438(2) of the Cr.P.C. and required a bail bond of Rs 10,000 with two sureties.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 of the Criminal Procedure Code despite the bar under Section 76(2) of the Bihar Prohibition and Excise Amendment Act
  • Whether the absence of contraband in the petitioner’s conscious possession justifies the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Amendment Act
  • Criminal Procedure Code
  • Section 30
  • Section 438
  • gender considerations
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43911 of 2026
                        Arising Out of PS. Case No.-309 Year-2026 Thana- GARKHA District- Saran
                 ======================================================
                 Munni Devi Wife of Rajesh Chaudhary Resident of Mithepur, P.S- Garakha,
                 Distt.- Saran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Mrityunjay Kumar Tiwary
                 For the Opposite Party/s :       Mr.Nitya Nand Tiwary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   08-07-2026                  Heard Mr.Mrityunjay Kumar Tiwary, learned counsel

                   for the petitioner and Mr. Nitya Nand Tiwary, learned APP for

                   the State.

                                2. The petitioner is apprehending arrest in connection

                   with Garkha P.S. Case No. 309 of 2026 instituted under Section

                   30(a) of the Bihar Prohibition and Excise Amendment Act

                   lodged on 13.03.2026 by the informant, Manish Kumar.

                                3. As per the prosecution story, the informant alleged

                   that on secret information, the place was raided, a lady threw the

                   bag and managed to escape. The locals gave the name of this

                   petitioner. Further, Nitish Kumar and Usha Devi were arrested

                   and there is recovery/seizure of 15 liters of country made liquor.

                   Further, from the bag which was thrown by the lady, 06 liters of
Patna High Court CR. MISC. No.43911 of 2026(2) dt.08-07-2026
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          country made liquor was recovered/seized. This led to the FIR.

                       4. Learned counsel for the petitioner submits that only

          because she is a lady and a poor person gets implication and

          nothing has been recovered from her conscious possession.

                       5. Further, learned counsel for the petitioner relied on

          the judgment of the Full Bench of Hon’ble Patna High Court in

          the case of Ram Vinay Yadav vs. State of Bihar reported in

          2019 (2) PLJR 1089 wherein it has been held that an

          application for anticipatory bail in a case arising out of Bihar

          Excise and Prohibition Act can be maintained, despite the bar

          under Section 76(2) of the Act, if on the basis of allegation

          made in the FIR, no offence under the said provision is made

          out.

                       6. Learned APP opposes the prayer submitting that

          she has criminal antecedent.

                       7. Taking into account the submissions of the parties

          and the judgment in the case of Ram Vinay Yadav (supra), as

          also that the petitioner is a lady, nothing has been recovered

          from her conscious possession, in that background, this Court

          is inclined to extend her the privilege of anticipatory bail.

                       8. Let the petitioner be released on bail, in the event

          of her arrest or surrender before the concerned court within a
Patna High Court CR. MISC. No.43911 of 2026(2) dt.08-07-2026
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          period of four weeks from the receipt of this order, on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each in connection with Garkha P.S. Case No.

          309 of 2026 to the satisfaction of learned           Special Judge,

          Excise-I, Saran at Chapra subject to the conditions as laid down

          under Section 438(2) of the Cr.P.C. as also the other conditions.

                       (i) one of the bailor should be the family

          member/relative of the petitioner who shall provide official

          document (Aadhar Card/Driving License/Voter ID/Pan Card

          etc.) to show his/her bona fide;

                       (ii) the petitioner shall be appearing before the police

          station as and when required for cooperating in the

          investigation;

                       (iii) the petitioner shall appear on each and every date

          before the Trial Court and failure to do so for two consecutive

          dates without plausible reason will entail cancellation of her

          bail bond by the Trial Court itself;

                       (iv) the petitioner shall in no way try to induce or

          promise or threat the witnesses or tamper with the evidences,

          failing which the State shall be at liberty to take steps for

          cancellation of the bail bonds;

                       (v) the petitioner shall desist from committing any
           Patna High Court CR. MISC. No.43911 of 2026(2) dt.08-07-2026
                                                       4/4




                     criminal offence again, failing which the State shall be at liberty

                     to take steps for cancellation of her bail bonds.



                                                    (Rajiv Roy, J)
Ravi/-Ankita

U      T


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