Patna High Court
Jhunni DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted bail to the petitioner subject to a bond of Rs.30,000 and conditions under Section 482(2) of the B.N.S.S., 2023.
Summary
The petitioner, Jhunni Devi, sought bail after being apprehended in connection with a case under section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, where 16.86 litres of English wine was recovered from co‑accused, not from her. She is not named in the FIR and only owned a motorcycle used by the co‑accused, which she claims she had no knowledge of. The State opposed bail but acknowledged her clean antecedent and that the recovery was not from her possession. The Court considered these facts and, applying the bail provisions of the B.N.S.S., 2023, ordered her release on bail with a bond of Rs.30,000 and conditions under Section 482(2). The bail order is effective for four weeks from the date of the order.
Issues considered
- Whether the petitioner is liable under section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 despite not being named in the FIR.
- Whether bail should be granted to the petitioner under the provisions of the B.N.S.S., 2023 given the circumstances of the case.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- B.N.S.S., 2023 — s. 2(1)(d), 482(2)
Subjects
- bail
- section 30(a)
- Bihar Prohibition and Excise Act
- alcohol seizure
- clean antecedent
- female accused
- B.N.S.S. 2023
- Section 2(1)(d)
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36420 of 2026
Arising Out of PS. Case No.-173 Year-2026 Thana- ARA NAWADA District- Bhojpur
======================================================
Jhunni Devi Wife of Kanhaiya Keshri @ Kanhaiya Saw Resident of Village
-Anaith Police Station -Ara Nawada, Dist- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Singh, Adv.
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 04-06-2026 The Court proceeding is being conducted through
virtual mode.
2. Heard learned counsel for the petitioner and learned
APP for the State.
3. The petitioner is apprehending arrest in connection
with Ara Nawada P.S. Case No. 173 of 2026 lodged on
28.02.2026, for the offence punishable under section 30(a) of
the Bihar Prohibition and Excise (Amendment) Act, 2022.
4. As per the prosecution, FIR has been lodged against
four named accused persons other than the present petitioner.
Total recovery of 16.86 litres of english wine has been made,
which is the subject matter of the present case.
5. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.36420 of 2026(2) dt.04-06-2026
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petitioner is innocent and has committed no offence. Counsel
submits that nothing has been recovered from the conscious
possession of the petitioner and the alleged recovery has been
made from the possession of three co-accused persons who were
apprehended from the spot alongwith two motorcycles. Counsel
further submits that the petitioner is not named in the FIR and
her name has figured in this case and she is the owner of one of
the motorcycle. The defence has been taken that the said
motorcycle was taken by the co-accused Sonu Kumar for some
necessary work in market by family member of the petitioner
and the petitioner has no knowledge of the said event. Counsel
submits that the petitioner assures that such mistake shall not
take place in future. He further submits that the petitioner has
clean antecedent.
6. Learned APP for the State opposes the prayer for
bail of the petitioner but fairly submits that the petitioner is
female aged about 48 years, having clean antecedent and the
recovery has not been made from the possession of the
petitioner.
7. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on bail, in
the event of arrest or surrender before the Trial Court within a
Patna High Court CR. MISC. No.36420 of 2026(2) dt.04-06-2026
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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 B.N.S.S., 2023 to the satisfaction of Exclusive
Special Excise Court-I, Bhojpur, Ara, in connection with Ara
Nawada P.S. Case No. 173 of 2026, subject to the conditions as
laid down U/s 482(2) of the B.N.S.S., 2023.
(Dr. Anshuman, J)
Divyansh/-
U T
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