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Patna High Court

Jhunni DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                         3/3




                       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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