Patna High Court
Kanchan Kumar Nishad @ Kanchan NishadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the bail application, directing the petitioner’s release on regular bail with bond and sureties.
Summary
The petitioner, Kanchan Kumar Nishad, was arrested in connection with the seizure of 3,372.84 litres of liquor from a truck he owned, alleged to be a violation of Sections 30(a), 32, 36 and 41 of the Excise Act. He contended that he was not present at the spot of seizure, had no conscious possession of the liquor, and was unaware that his driver and consignee had misused the vehicle. The petitioner also highlighted his willingness to cooperate with the trial and his lack of flight risk, despite having a prior case under the Excise Act. The State opposed the bail application. The Court, after considering the submissions, ordered the petitioner to be released on regular bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount, directing compliance with the trial court. The bail application was therefore allowed.
Issues considered
- Whether the owner of a vehicle, who was not present at the scene and had no conscious possession of seized liquor, is entitled to regular bail under the Excise Act.
Legislation cited
- Excise Act — s. 30(a), 32, 36, 41
Subjects
- bail
- Excise Act
- seizure of liquor
- vehicle ownership
- criminal procedure
- regular bail
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23087 of 2026
Arising Out of PS. Case No.-31 Year-2024 Thana- KARPURIGRAM District- Samastipur
======================================================
Kanchan Kumar Nishad @ Kanchan Nishad Son of Late Laxman Nishad @
Laxman Mallah R/o Vill. - Bhalgora, Project no. 5, Near Shiv Mandir, P.S. -
Jharia, Dist. - Dhanbad, Jharkhad - 82811.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manish Kumar
For the Opposite Party/s : Mr.Madan Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-04-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 30(a), 32, 36 and 41 of the
Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of one case under the Excise Act
and allegation is of recovery of 3372.84 litres of liquor from a
truck.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and he came to be
implicated based on the fact that he is owner of the seized truck.
Patna High Court CR. MISC. No.23087 of 2026(2) dt.18-04-2026
2/2
It is next submitted that no prudent person would use his own
vehicle for committing a crime and thus, would create evidence
against himself and hence, would get implicated. It is further
submitted that petitioner was completely unaware that his driver
in connivance with the consignee would misuse the vehicle in
the manner as alleged. It is also submitted that petitioner will
not abscond rather will cooperate in the trial to prove his
innocence and is in custody since 20.02.2026.
5. Learned A.P.P. opposes the bail application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, is
directed to be released on regular bail on his furnishing bail-
bonds in the sum of Rs.5,000/- (Rupees Five Thousand) 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 Karpoorigram P. S. Case No.31 of 2024.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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