Patna High Court
Madhuri KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to a bail bond and conditions under Section 482(2) of the Bihar Narcotic Substances Act.
Summary
Madhuri Kumari, a resident of Jharkhand, sold an auto‑rickshaw on 20‑05‑2024 to Raj Kumar Sao for Rs.40,000. The vehicle, later found abandoned, contained 700 litres of illicit country‑made liquor concealed in its husk, leading to a case (Kadirganj PS Case No.34 of 2025) under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act. The petitioner claimed she was unaware of the liquor, had no control over the vehicle at the time of seizure, and possessed no criminal antecedents. She applied for anticipatory bail, arguing that the procedure under Section 105 of the Bihar Narcotic Substances Act was not complied with. The State opposed the bail. The Court, after considering the facts, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bihar Narcotic Substances Act.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under the circumstances.
- Whether the procedural requirements of Section 105 of the Bihar Narcotic Substances Act were complied with.
- Whether the petitioner’s lack of knowledge and control over the vehicle precludes criminal liability.
Legislation cited
- Bihar Narcotic Substances Act — s. 105, 482(2)
- Bihar Prohibition and Excise Act — s. 30(a), 41
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Bihar Narcotic Substances Act
- illicit liquor
- Section 105
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 34776 of 2026
Arising Out of PS. Case No.-34 Year-2025 Thana- Kadirganj P.S. District- Nawada
======================================================
Madhuri Kumari W/o Manoj Kumar R/o Village- Dubba, P.S.- Lakay
Nayanpur, District- Giridih(Jharkhand)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vibhuti Ranjan Sonvadra, Advocate
For the Opposite Party/s : Mr. Ramchandra Sahni, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 20-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in
connection with Kadirganj P.S. Case No. 34 of 2025 dated
30.01.2025 registered for the offences punishable under
Sections 30(a), 41 of the Bihar Prohibition and Excise Act.
3. As per the allegation, altogether 700 litres of
country-made liquor was recovered from an auto-rickshaw
which was concealed inside the husk. It is alleged that the said
auto-rickshaw was lying in abandoned state.
4. Learned counsel for the petitioner has submitted
that petitioner is a lady and petitioner was not aware that the
Patna High Court CR. MISC. No. 34776 of 2026(2) dt.20-05-2026
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said auto-rickshaw contained the consignment of illicit liquor. It
has further been submitted that she has sold the vehicle on
20.05.2024 to one Raj Kumar Sao on a consideration amount of
Rs. 40,000/- and she had handed over the papers to him for
getting the vehicle registered in his name, but the said Raj
Kumar Sao had not got it registered. It has further been
submitted that at the time of search and seizure, the vehicle was
not under the control of the petitioner. It has further been
submitted that the procedure prescribed under Section 105
B.N.S.S has not been followed. It has further been submitted
that the petitioner has got no criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Heard the parties and perused the record.
7. Considering the facts and circumstances of the
case, let the above named petitioner, in the event of his
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail on furnishing bail-bond of Rs.
10,000/- (Rupees ten thousand) with two sureties of the like
amount each to the satisfaction of the learned court concerned,
Nawada, in connection with Nawada P.S. Case No. 34 of 2025,
subject to conditions as laid down under section 482(2) of the
Patna High Court CR. MISC. No. 34776 of 2026(2) dt.20-05-2026
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B.N.S.S.
8. The application stands allowed.
(Praveen Kumar, J)
shivam/-
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