Tunni Devi v. The 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 ====================================================== 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 ====================================================== Appearance :
For the Petitioner/s :
Mr. Ganesh Sharma, Advocate For the Opposite Party/s :
Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 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 2/3 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
Patna High Court CR. MISC. No.89006 of 2025(2) dt.05-01-2026 3/3 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