Munna Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20985 of 2025 Arising Out of PS. Case No.-938 Year-2024 Thana- SHASTRINAGAR District- Patna ====================================================== Munna Devi Wife of Govind Rai R/o- Nandgaudh, PS -Shastrinagar, Dist. -Patna Pin Code-800023 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
None For the Opposite Party/s :
Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-04-2025 No one appears on behalf of the petitioner. However, learned counsel for the State is present.
2. The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of anticipatory bail to the petitioner who apprehends arrest in connection with Shastrinagar P.S. Case No. 938 of 2024, lodged on 04.12.2024, under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution, total recovery of 10 litres of country-made liquor has been made which is the subject matter of the present case.
4. It transpires to this Court that the petitioner has not been apprehended and the said recovery has been made from a
Patna High Court CR. MISC. No.20985 of 2025(2) dt.23-04-2025 2/2 hut. It transpires to this Court that antecedent of the petitioner is clean and the place where recovery has been made different members of the family used to reside as the hut was in possession of series of persons of the family and petitioner has not been arrested.
5. Learned APP for the State though opposes the prayer for bail of the petitioner but submits that antecedent of the petitioner is clean and recovery has not been made from the possession of the petitioner.
6. In the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of the Special Judge, Excise-II, Patna, in connection with Shastrinagar P.S. Case No. 938 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J) Mkr./- U T