Tunni DeviversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89006 of 2025
                       Arising Out of PS. Case No.-230 Year-2025 Thana- BEN P.S. District- Nalanda
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                 Tunni Devi W/o Late Baleshwar Manjhi Resident of Village- Nonidih, P.S.-
                 Ben, District- Nalanda.

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Mr. Ganesh Sharma, Advocate
                 For the Opposite Party/s :        Mr. Akbar Ali, APP
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                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   05-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends her arrest in a case registered

                   for the offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise (Amendment) Act.

                                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 6 litres of liquor from house of the

                   petitioner apart from other recoveries as alleged in the FIR. It is

                   next submitted that petitioner was not arrested from the spot, as

                   such, nothing was recovered from her conscious possession and

                   the house in question is a joint family property, as such, it

                   cannot be alleged with certainty that it was petitioner who had

                   kept the liquor in the house or the liquor kept in the house was
Patna High Court CR. MISC. No.89006 of 2025(2) dt.05-01-2026
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          within her knowledge and she came to be implicated at the

          instance of Chowkidar and local person but then it is submitted

          that Chowkidar is on an inimical term with her husband, as

          such, he implicated her to settle scores with her husband.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       5. Considering the submissions made by the learned

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

          event of her arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on her furnishing bail-bonds in the

          sum of Rs.500/- (Rupees Five Hundred) with two sureties of the

          like amount each to the satisfaction of the learned Additional

          District & Sessions Judge-V-cum-Special Judge (Excise),

          Biharsharif, Nalanda in connection with Ben P.S. Case No.230

          of 2025, subject to the conditions laid down under Section

          482(2) of the B.N.S.S.

                       6. The application stands allowed.

                       7. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioner 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
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                         would be presumed that petitioner for the purposes of obtaining

                         anticipatory bail had concealed her antecedent before this Court,

                         in that event, the present provisional anticipatory bail order shall

                         not be confirmed, but if on verification, it is found that

                         petitioner is a person with clean antecedent, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T