Patna High Court
Madhumala KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Excise Act — s. 30(a)
- BNSS — s. 482(2)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.