Matani Kunwar @ Mina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39064 of 2026 Arising Out of PS. Case No.-49 Year-2026 Thana- INDRAPURI District- Rohtas ====================================================== Matani Kunwar @ Mina Devi Wife of Late Guddu Bhuiya Resident of Village- Basdiha Patanwa Bhuiya Toli, P.S.- Indrapuri, District- Rohtas ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Kant For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 18-06-2026 Heard the parties.

2. The accused/petitioner is named in the F.I.R. and apprehending his arrest in connection with Indrapuri P.S. Case No. 49 of 2026 registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act.

3. The allegation against the petitioner is to be engage in illegal trading/manufacturing of illicit liquor, where, there is recovery of 28.6 litres of IMFL/country made liquor.

4. Learned counsel appearing on behalf of the petitioner submitted that recovery of alleged illicit liquor was made from the house of the petitioner, which is also occupied by other adult family members. It is submitted that as no male members were available in the house and petitioner being housewife was only available, she was implicated with the present

Patna High Court CR. MISC. No.39064 of 2026(2) dt.18-06-2026 2/2 case. It is further submitted that search of the house was not made in view of provisions as available under Section 103(4) of the BNSS. While concluding the argument it is submitted that petitioner is a lady of clean antecedent.

5. Learned APP, opposes the prayer for bail.

6. In view of the facts and circumstances as mentioned above as recovery of illicit liquor prima-facie not appears to be made from the conscious physical possession of this petitioner, accordingly the petitioner above named, who is a lady of clean antecedent in the event of her arrest or surrender before the learned trial court within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Spl. Judge, Court No. 1, Rohtas at Sasaram/concerned trial court where the case is pending in connection with Indrapuri P.S. Case No. 49 of 2026 subject to the conditions as laid down under Section 438(2) of the Cr.P.C./ Section 482(2) of the BNSS. (Chandra Shekhar Jha, J) S.Tripathi/- U T