Patna High Court
Tunni DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of her criminal antecedent.
Summary
The petitioner, Tunni Devi, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 for the alleged recovery of 420 litres of liquor from two auto-rickshaws. She argued that she was not present at the spot of seizure, had no conscious possession of the liquor, and was only linked to the case because she owned one of the vehicles used by her son, who was apprehended. The petitioner emphasized her clean criminal antecedent and her status as a woman, contending that a prudent person would not use her own vehicle to facilitate such an offence. The State opposed the grant of anticipatory bail. The Court, considering these submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, directing verification of the petitioner’s antecedent before confirming the order.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
- Whether ownership of the vehicle used in the alleged offence is sufficient grounds to deny anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 30(a) Bihar Prohibition and Excise Act
- vehicle ownership
- liquor seizure
- clean antecedent
- Section 438 CrPC
- Section 482 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4298 of 2026
Arising Out of PS. Case No.-410 Year-2025 Thana- PARSABAZAR District- Patna
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Tunni Devi Son of Late Manoj Ram @ Manoj Kumar @ Manoj Rai, R/o
Village - Nathupur, P.S. - Parsa Bazar, Distt. - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vibhuti Ranjan Sonvadra, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-01-2026 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 offence punishable under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and is a woman and
allegation is of recovery of 420 litres of liquor from two auto.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from her conscious possession. It is further submitted
that petitioner came to be implicated based on the fact that she is
owner of one of the seized vehicles. It is next submitted that no
prudent person would use her own vehicle for committing an
occurrence and thus would create evidence against herself and
Patna High Court CR. MISC. No.4298 of 2026(2) dt.31-01-2026
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hence would get implicated. It is also submitted that petitioner
was completely unaware that her son, namely, Ravi Kumar
would misuse the vehicle in the manner as alleged who was also
apprehended from the spot.
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, let the petitioner above-named, in the
event of her arrest or surrender before the learned trial court
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 Parsa
Bazar P.S. Case No. 410 of 2025, subject to the conditions as
laid down under Section 438(2) of the Cr.P.C./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 if
it is found that petitioner has antecedent of even one case, it
would be presumed that petitioner had concealed her antecedent
before this Court at para 3 of the anticipatory bail application in
Patna High Court CR. MISC. No.4298 of 2026(2) dt.31-01-2026
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that event the provisional anticipatory bail order shall not be
confirmed but if it is found on verification that petitioner is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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