Madhuri Devi Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Madhuri Devi Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Provisional anticipatory bail granted: petitioner to be released on arrest or surrender before the learned Court below within six weeks from 11-12-2025, on bail bonds of Rs.500/- with two sureties of the like amount each, subject to Section 482(2) BNSS conditions; confirmation by the trial court contingent on verification that she has clean criminal antecedents.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Excise P.S. Case No.350/2024 registered for offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2018, should be released on anticipatory bail.

Court's answer

Considering the submissions made by learned counsel, the petitioner, in the event of her arrest or surrender before the learned Court below within six weeks from the date of order, is to be released on provisional anticipatory bail on furnishing bail bonds of Rs.500/- with two sureties of the like amount each, subject to the conditions laid down under Section 482(2) of the B.N.S.S., to the satisfaction of the trial court where Excise P.S. Case No.350/2024 is pending.

Ratio / Principle

The learned trial court shall thereafter verify the criminal antecedents of the petitioner; if it is found that she has an antecedent of even one case, it will be presumed that she concealed her antecedent before this court, and the provisional anticipatory bail order shall not be confirmed.

Key takeaways

If, on verification, the petitioner is found to be a person with clean antecedents, the provisional anticipatory bail order shall be confirmed forthwith.ratio¶¶21

Detailed headnote1 paragraphs

Anticipatory Bail – Petitioner apprehends arrest in Excise P.S. Case No.350/2024 (Gaya) for offences under Sections 30(a) and 32(3), Bihar Prohibition and Excise (Amendment) Act, 2018. Counsel submitted that she has clean antecedents, is a woman, that the allegation concerns recovery of 108 litres of liquor from a car owned by her from which one Mukesh was arrested, that she was not arrested from the spot and nothing was recovered from her conscious possession, and that no prudent person would use her own vehicle for committing an occurrence; the A.P.P. opposed the prayer. Held (Satyavrat Verma, J): petitioner, on arrest or surrender before the Court below within six weeks, to be released on provisional anticipatory bail on a bail bond of Rs.500/- with two sureties of the like amount each, subject to Section 482(2) B.N.S.S. conditions. Trial court directed to verify criminal antecedents: if even one antecedent case is found, the provisional order shall not be confirmed (antecedents deemed concealed); if clean antecedents are found, confirmation is to follow forthwith.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59764 of 2025

Arising Out of PS. Case No.-350 Year-2024 Thana- Excise P.S. District- Gaya

======================================================

Madhuri Devi Wife of Late Pradeep Chandra Agrawal @ Late Pradeep Chandra Resident of village- Tetulmari station road Dachhin Nagari PS -Tetulmari District -Dhanbad, Jharkhand

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vinod Kumar, Adv. For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

3 11-12-2025

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 30(a) and 32(3) of Bihar Prohibition and Excise (Amendment) Act, 2018.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a woman and allegation is of recovery of 108 litres of liquor from a car and Mukesh was arrested. 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.59764 of 2025(3) dt.11-12-2025 2/3

committing an occurrence and thus would create evidence against herself and hence would get implicated. It is also submitted that the petitioner was completely unaware that Mukesh would misuse the vehicle in the manner as alleged.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 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 P.S. Case No.350/2024, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.

It is made clear that the learned trial court thereafter shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of even one case, in that event, it would be presumed that petitioner had concealed her antecedent before this court, as such, the provisional anticipatory bail order shall not be confirmed but if

Patna High Court CR. MISC. No.59764 of 2025(3) dt.11-12-2025 3/3

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)

amit/-

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