Must Munnia Devi @ Must Munni Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30378 of 2025 Arising Out of PS. Case No.-267 Year-2024 Thana- PIPRAKOTHI District- East Champaran ====================================================== Must Munnia Devi @ Must Munni Devi, Gender, Female, aged about 65 years, W/o Late Nanhaku Manjhi @ Late Nanku Manjhi R/o Village- Jhakhra Baluwa Mushari Tola, P.S.- Piprakothi, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Suraj Kumar Tiwari, Advocate For the Opposite Party/s :
Mr.Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 15-05-2025 Heard Mr. Suraj Kumar Tiwari, learned counsel appearing on behalf of the petitioner and Mr. Md. Anzarul Haque Sahara, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Pipra Kothi P.S. Case No. 267 / 2024 registered for the offence(s) punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the allegation made in the FIR, 40 litres of illicit liquor was recovered from village Jhakhara Balua Mushari Tola. One co-accused Parmanand Mahto was apprehended from the spot and he disclosed the name of the petitioner and other accused persons.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.30378 of 2025(2) dt.15-05-2025 2/3 petitioner submitted that petitioner is innocent and has falsely been implicated in the present case due to dirty village politics. He further submitted that recovery of illicit liquor has been made from an open space which is easily accessible by anyone. Petitioner has no concern either with the place of recovery or with the alleged recovered liquor. Petitioner is a lady having clean antecedent.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the nature of allegation made against the petitioner in the FIR and also the fact that recovery of illicit liquor has been made from an open space which is easily accessible by anyone and also the fact that petitioner has clean antecedent, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.
7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his 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 learned Special Judge, Excise Court No.1, East Champaran at Motihari / Concerned Court in connection with
Patna High Court CR. MISC. No.30378 of 2025(2) dt.15-05-2025 3/3 Pipra Kothi P.S. Case No. 267 / 2024, subject to the conditions as laid down under Section 482(2) of the BNSS.
8. The learned 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 paragraph no.3 of the bail application, this order will automatically lose its force.
(Purnendu Singh, J) Sanjay/- U T