Munni Devi @ Muni Devi Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Munni Devi @ Muni Devi Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Conditional pre-arrest bail: release upon arrest or surrender before the learned District Court within four weeks, subject to (i) a District Transport Officer report confirming the motorcycle is not registered in the petitioner's name and is not stolen (or the petitioner producing papers showing it is not stolen) and (ii) verification of criminal antecedents (order void if contrary to Para-3 of the bail petition), on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Exclusive Special Excise Court No.1, Bhojpur at Ara, subject to Section 482(2) BNSS conditions.

Issue for consideration

Whether petitioner Munni Devi @ Muni Devi — claimed to have been implicated only on suspicion, uninvolved in sale or consumption of the liquor, with clean antecedents — is entitled to pre-arrest bail in connection with Jagdishpur P.S. Case No.421 of 2023 registered under Sections 30(a) of the Bihar Prohibition and Excise Act. +1 more

Court's answer

Conditional pre-arrest bail granted: subject to the motorcycle-verification condition and the antecedent-verification condition, the petitioner is to be released on pre-arrest bail in the event of her arrest or surrender before the learned District Court within four weeks from the date of the order.

Ratio / Principle

The learned District Court must obtain a report from the District Transport Officer on whether the motorcycle in question is registered in the petitioner's name and is not a stolen one; alternatively, the petitioner may produce relevant papers showing that the motorcycle is not stolen, on which the operation of the bail grant depends.

Key takeaways

Release is on furnishing a bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Excise Court No.1, Bhojpur at Ara, in connection with Jagdispur P.S. Case No.421 of 2023, subject to the conditions laid down under Section 482(2) of the BNSS.ratio¶6
The District Court is directed to verify the criminal antecedent of the petitioner.ratio¶7
If the petitioner is found to be involved in some other cases, contrary to what is stated in Para-3 of the bail petition, the pre-arrest bail order will automatically lose its force.

Detailed headnote1 paragraphs

Patna High Court, CRIMINAL MISCELLANEOUS No.72397 of 2025, decided 16-10-2025 (Purnendu Singh, J.). Pre-arrest bail sought by Munni Devi @ Muni Devi in Jagdishpur P.S. Case No.421 of 2023, registered under Sections 30(a) of the Bihar Prohibition and Excise Act, following alleged recovery of 90 ltrs. of Mahua liquor from Motorcycle No. BR03AL 7229. The Court granted conditional pre-arrest bail: the District Court was directed to obtain a District Transport Officer report on whether the motorcycle is registered in the petitioner's name and is not stolen (or the petitioner may produce papers showing it is not stolen); on that basis, the petitioner was to be released on arrest or surrender before the learned District Court within four weeks on a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Exclusive Special Excise Court No.1, Bhojpur at Ara, subject to Section 482(2) BNSS conditions. The District Court was further directed to verify the petitioner's criminal antecedents; if she was found involved in other cases contrary to Para-3 of the bail petition, the order would automatically lose its force. Bail application stood disposed of.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.72397 of 2025

Arising Out of PS. Case No.-421 Year-2023 Thana- JAGDISHPUR District- Bhojpur

======================================================

Munni Devi @ Muni Devi W/O Ramji Yadav R/O Vill.- Bargahi, P.S.Jagdishpur, Dist.- Bhojpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Priya, Advocate For the Opposite Party/s : Ms.Veena Kumari Jaiswal, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

2 16-10-2025

Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.

The petitioner seeks pre-arrest bail in connection with Jagdishpur P.S. Case No.421 of 2023, registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

As per the allegation made in the FIR, total 90 ltrs. of Mahua liquor has been recovered from a Motorcycle bearing Registration No.BR03AL 7229.

Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in the present case only on the basis of suspicion. She is neither involved in sale or consumption of the liquor. Petitioner has clean antecedent.

Patna High Court CR. MISC. No.72397 of 2025(2) dt.16-10-2025 2/3

Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

Having considered the rival submissions made on behalf of the parties, I find that the learned District Court under such circumstances is required to obtain report from the District Transport Officer concerned whether the motorcycle in question is registered in the name of the petitioner and not stolen one and if it is found that the motorcycle is not registered in the name of the petitioner and it is not stolen one or in alternative, the petitioner may produce the relevant papers to show that the motorcycle is not stolen one, then in that case, let the petitioner, above named, be released on pre-arrest bail, in the event of her arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.1, Bhojpur at Ara in connection with Jagdispur P.S.Case No.421 of 2023, subject to the condition as laid down under Section 482(2) of the BNSS.

The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para-

Patna High Court CR. MISC. No.72397 of 2025(2) dt.16-10-2025 3/3

3 of the bail petition, this order will automatically lose its force.

The present bail application stands disposed of.

(Purnendu Singh, J)

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