Jhunni Devi v. The State Of Bihar

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 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