Munni Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43322 of 2026 Arising Out of PS. Case No.-307 Year-2025 Thana- BELHAR District- Banka ====================================================== Munni Khatoon W/o Md. Karim @ Karim Miyan R/o vill - Gorganwan, (Gorgama), P.O.- Dumariya, P.S.- Belhar, Distt.- Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shubhesh Pandey, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-07-2026 Heard Mr. Shubhesh Pandey, learned counsel for the petitioner and Mr. Shailendra Kumar, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 27.05.2026 in connection with Belhar P.S. Case No. 307 of 2025, F.I.R. dated 04.12.2025 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 82 liters of Mahua liquor.
4. Learned counsel for the petitioner submits that petitioner is innocent and she has falsely been implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that nothing has been recovered from the conscious possession of the petitioner rather the recovery has been made from near a bush and the petitioner has been made
Patna High Court CR. MISC. No.43322 of 2026(2) dt.07-07-2026 2/3 accused merely on the basis of suspicion as well as secret information gathered by the local chowkidar. He next submits that except the suspicion, no other cogent material has come during investigation which suggest the involvement of the petitioner in the present occurrence. The petitioner is in custody since 27.05.2026.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that petitioner carries seven criminal antecedent other than the present one but fairly submits on the basis of paragraph-3 of the bail application that the petitioner is on bail in the said matters.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.1, Banka in connection with Belhar P.S. Case No. 307 of 2025, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on her absence on two consecutive dates without sufficient
Patna High Court CR. MISC. No.43322 of 2026(2) dt.07-07-2026 3/3 reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Suruchi/- U T