Patna High Court

Tunni DeviversusThe State of Bihar

Decided: 1 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail is granted to the petitioner, subject to conditions and verification of her antecedent under Section 482(2) of the BNSS.

Summary

The petitioner, Tunni Devi, feared arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 16 litres of liquor from a sack near Chandni crossing. She asserted she had no possession of the liquor, the location did not belong to her, and she was implicated by a chowkidar due to a dispute involving her husband. The petitioner, represented by Mr. Sheo Kumar Prasad, sought anticipatory bail, emphasizing her clean antecedent and gender. The State, represented by Mr. Sanjay Kumar, opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 500 with two sureties and subject to verification of the petitioner’s criminal antecedent under Section 482(2) of the BNSS, with confirmation if she is found to have a clean record.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Excise Act.
Whether the petitioner’s alleged involvement and lack of possession justify denial of bail.

Legislation cited

Bihar Negotiable Securities Act — s. 482(2)

Subjects

anticipatory bail
Bihar Excise Act
Section 30(a)
Section 482(2)
liquor seizure
clean antecedent
false implication
women

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21481 of 2026
                       Arising Out of PS. Case No.-45 Year-2026 Thana- NARHATT District- Nawada
                 ======================================================
                 Tunni Devi W/o- Girish Chaudhary @ Krish Chaudhary Village- Narhat
                 Chandni Chowk PS- Narhat Distt-Nawada

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sheo Kumar Prasad
                 For the Opposite Party/s :       Mr.Sanjay Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   01-04-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.    The petitioner apprehends her arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and is a woman and

                   allegation is of recovery of 16 litres of liquor from a sack near

                   Chandni crossing at Olipur.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from her conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner

                   and she came to be implicated at the instance of Chowkidar with
Patna High Court CR. MISC. No.21481 of 2026(2) dt.01-04-2026
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          whom her husband is on an inimical term. It is next submitted

          that Chowkidar falsely implicated the petitioner with a view to

          coerce her husband into submission.

                   5.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                   6.     Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of her arrest or surrender within a period of six weeks

          from today, be released on Provisional anticipatory bail on

          furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) with

          two sureties of the like amount each to the satisfaction of the

          learned trial court where the case is pending/successor court in

          connection with Narhat P.S. Case No. 45 of 2026, subject to the

          conditions as laid down under Section 482(2) of the BNSS.

                   7.     It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioner and

          in the event if it is found that petitioner has antecedent of even

          one case then it would be presumed that petitioner, for the

          purposes of seeking anticipatory bail, had concealed her

          antecedent before this Court, as such, the provisional

          anticipatory bail order shall not be confirmed, but after

          verification if it is found that petitioner is a person with clean
              Patna High Court CR. MISC. No.21481 of 2026(2) dt.01-04-2026
                                                          3/3




                        antecedent in that event the provisional anticipatory bail order

                        shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T

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