Patna High Court
Chalo Devi @ Panchila DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The High Court granted anticipatory bail to the petitioner under Section 482(2) of the B.N.S.S.
Summary
The petitioner, an 80‑year‑old woman named Chalo Devi, sought anticipatory bail after the police registered a case (Bandeya PS Case No. 49 of 2026) alleging she dealt in illicit liquor, with 20 litres recovered, under Section 30(a) of the Excise Act. The State opposed the bail, contending the allegations warranted arrest. The petitioner’s counsel argued that she is innocent, has a clean record, and the charges are fabricated. The Court considered the petitioner’s advanced age, the nature of the alleged offence, and the principles governing anticipatory bail. Relying on the inherent powers of the High Court under Section 482(2) of the B.N.S.S., the Court allowed the anticipatory bail application. The order directed the petitioner to furnish a bail bond of Rs. 10,000 with two sureties, subject to conditions, and clarified that the observations were prima facie and not a determination on the merits.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the inherent powers of the High Court.
- Whether Section 30(a) of the Excise Act justifies denial of anticipatory bail.
- Whether the petitioner’s age and personal circumstances warrant the grant of anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Excise Act
- illicit liquor
- elderly petitioner
- Section 30
- Section 482
- High Court
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38266 of 2026
Arising Out of PS. Case No.-49 Year-2026 Thana- BANDEYA District- Aurangabad
======================================================
Chalo Devi @ Panchila Devi wife of Late Nandu @ Nandu Chaudhary
Resident of village- Bela Waris, Ps- Bandeya, Dist- Aurangabad
... ... 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. Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Bendeya P.S. Case No. 49 of 2026 registered for offences
under Section 30(a) of the Excise Act.
3. As per the prosecution case, the petitioner is a
woman, who is alleged to have dealing in illicit liquor and there
is a recovery of 20 litres of illicit liquor.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has not committed any offence.
The petitioner is a woman aged about 80 years and the
allegations levelled against her are fabricated. The petitioner
bears clean antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
Patna High Court CR. MISC. No.38266 of 2026(2) dt.17-06-2026
2/2
6. Considering the facts and circumstances of the
case also the age of the petitioner, this application for
anticipatory bail stands allowed.
7. Accordingly, let the petitioner, above-named, in
the event of arrest or surrender within four weeks from today in
the Court below, be released on anticipatory bail on furnishing
bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with
two sureties of the like amount each to the satisfaction of
learned Court below where the case is pending/successor Court
in connection with Bandeya P.S. Case No. 49 of 2026, subject to
the conditions as laid down under Section 482(2) of the
B.N.S.S.
8. It is made clear that any observation made herein
is prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
sadique/-
U T
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