Patna High Court
Madhuri KumariversusThe 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 antecedents.
Summary
The petitioner, Madhuri Kumari, applied for anticipatory bail after a FIR alleged that 175.8 litres of liquor were recovered from a four‑wheel vehicle she owned, implicating her under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2018. She argued that she had no prior criminal record, was unaware of her driver’s alleged misuse of the vehicle, and that no liquor was found in her personal possession. The State opposed the bail, contending that ownership of the vehicle linked her to the offence. The High Court, considering the petitioner’s clean antecedent and the lack of direct evidence against her, directed that she be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to verification of her antecedents under Section 482(2) of the B.N.S.S. The order also stipulated that if any criminal antecedent is discovered, the bail would not be confirmed. Consequently, the anticipatory bail application was allowed pending further verification.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the B.N.S.S. despite the FIR alleging possession of liquor in a vehicle she owned
- Whether ownership of the vehicle alone suffices to establish culpability under the Bihar Prohibition and Excise (Amendment) Act, 2018
- Whether the petitioner’s clean criminal antecedent warrants the grant of provisional anticipatory bail
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- vehicle seizure
- clean antecedent
- Section 482 CrPC
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13721 of 2026
Arising Out of PS. Case No.-352 Year-2024 Thana- KEWATI District- Darbhanga
======================================================
Madhuri Kumari W/O Amarjeet Kumar @ Kanhaiyya Kumar, D/O Jamun
Purbe R/O Village -Dhakjari, 03 Dhagjara, District- Madhubani, State- Bihar,
Pin Coda-847223
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kanchan Jha, Advocate
For the Opposite Party/s : Mr. Anish Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends her arrest in a case registered
for the offences punishable under Sections 30(a) and 41(1) of
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 175.8 litres of liquor from a four
wheeler vehicle. It is next submitted that petitioner was not
arrested from the spot, as such, nothing was recovered from her
conscious possession and she came to be implicated based on
the fact that she is owner of the seized vehicle. It is next
submitted that no prudent person would use her own vehicle for
Patna High Court CR. MISC. No.13721 of 2026(2) dt.12-03-2026
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committing an occurrence and thus, would create evidence
against herself and hence, would get implicated. It is submitted
that from perusal of the allegation, as alleged in the FIR, it
would manifest that the informant does not allege that a woman
was seen fleeing from the place of occurrence. It is also
submitted that petitioner was completely unaware that her driver
would misuse the vehicle in the manner as alleged, who also
fled from the spot.
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-bond in the
sum of Rs.500/- (Rupees Five Hundred) with two sureties of the
like amount each to the satisfaction of learned Exclusive Special
Judge-I, Excise Court, Darbhanga in connection with Keoti P.S.
Case No.352 of 2024, 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
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accepting the provisional bail bond 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
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
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