Created by Fuzzy Cloud

Patna High Court

Madhumala KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the petitioner is entitled to provisional anticipatory bail subject to conditions, pending verification of her antecedent record.

Summary

Madhumala Kumari, the wife of Ranjit Choudhary, sought anticipatory bail after a Scorpio vehicle registered in her name was seized with 196.56 litres of liquor, implicating her under Section 30(a) of the Bihar Excise Act. She argued that she had no knowledge of the driver’s alleged misuse of the vehicle and that the liquor was not found in her conscious possession. The State opposed the bail, contending that the seizure linked her to the offence. The High Court, considering her clean antecedent and the circumstances, granted provisional anticipatory bail subject to a modest bond, two sureties, and verification of her criminal record within six weeks. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether the petitioner can be held liable for the offence under Section 30(a) of the Bihar Excise Act despite not being in actual possession of the liquor.
  • Whether anticipatory bail is appropriate in the present facts under Section 482(2) of the BNSS.
  • Whether the petitioner’s antecedent record should affect the confirmation of the provisional anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • vehicle owner liability
  • Section 30(a) Bihar Excise Act
  • Section 482 CrPC
  • bail conditions
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14750 of 2026
                     Arising Out of PS. Case No.-1103 Year-2023 Thana- Excise P.S. District- Bhagalpur
                 ======================================================
                 Madhumala Kumari Wife of Ranjit Choudhary Resident of Village - Rehta
                 (Rahta), Ward No.- 8, Police Station - Kumarkant (Kumarkhand), District -
                 Madhepura

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Rajendra Prasad Sah, Advocate
                 For the Opposite Party/s :         Mr. Umesh Lal Verma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-03-2026                  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 offences punishable under Section 30(a) of the

                   Bihar Excise 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 196.56 liters of liquor from a

                   Scorpio vehicle.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended 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
Patna High Court CR. MISC. No.14750 of 2026(2) dt.13-03-2026
                                            2/3




          vehicle. 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 hence would get implicated,

          it is next submitted that it is not the case of the prosecution that

          they saw a woman fleeing from the place of occurrence. It is

          further submitted that petitioner was completely unaware that

          her driver would misuse the vehicle in the manner as alleged

          who also fled 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, 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 Excise

          (Sadar) P.S. Case No. 1103 of 2023 subject to the conditions as

          laid down under Section 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
            Patna High Court CR. MISC. No.14750 of 2026(2) dt.13-03-2026
                                                        3/3




                      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 seeking anticipatory bail, had concealed her

                      antecedent before this Court, as such, the provisional

                      anticipatory bail order shall not be confirmed, but after

                      verification if 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)
Rishabh/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.