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Patna High Court

Kanchan Kumar @ Kanchan RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to bail as the prosecution failed to establish possession and the investigation was inadequate.

Summary

The petitioner, Kanchan Kumar, was charged under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly recovering 600 litres of liquor from a river bank. He has four prior cases under the Excise Act but was not arrested at the spot and no liquor was found in his possession. The petitioner argued that the alleged recovery occurred in a public area accessible to villagers and that the police had mechanically implicated him without a proper investigation. The State opposed bail. The court, after considering these submissions, ordered the petitioner’s release on bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount, directing compliance with the trial court’s conditions.

Issues considered

  • Whether the petitioner is entitled to bail under Section 30(a) of the Bihar Prohibition and Excise Act given the lack of possession and alleged procedural lapses.
  • Whether the police investigation was sufficient to justify continued custody.

Legislation cited

Subjects

  • bail
  • excise
  • prohibition
  • Section 30(a)
  • public place
  • investigation
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32270 of 2026
                      Arising Out of PS. Case No.-156 Year-2026 Thana- MALSALAMI District- Patna
                 ======================================================
                 Kanchan Kumar @ Kanchan Ray S/o Fudena Ray @ Fudaina Ram R/o
                 Village - Sukumarpur, P.S. - Raghopur, Dist. - Vaishali.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mithilesh Kumar Arya
                 For the Opposite Party/s :       Mr. Shailendra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-05-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Section 30(a) of Bihar Prohibition and

                   Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of four cases under the Excise Act and

                   allegation is of recovery of 600 litres of liquor from bank of a

                   river. It is next submitted that petitioner was not arrested from

                   the spot as such nothing was recovered from his conscious

                   possession and even alleged recovery is from a place which

                   does not belong to the petitioner and is accessible to villagers at

                   large and he came to be implicated at the instance of local

                   person but then once an accused is implicated in a case relating
             Patna High Court CR. MISC. No.32270 of 2026(2) dt.15-05-2026
                                                         2/2




                       to excise, the police starts implicating mechanically either

                       through chowkidar, local person, confessional statement or

                       secret information without holding a proper investigation and

                       the petitioner is in custody since 11.04.2026.

                                     4. Learned A.P.P. opposes the prayer for bail of the

                       petitioner.

                                     5. Considering the submissions made by the learned

                       counsel for the petitioner, the petitioner above-named, is

                       directed to be released on bail on furnishing bail bonds of

                       Rs.5000/- (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

                       Malsalami P.S. Case No.156/2026.



                                                                   (Satyavrat Verma, J)
amit/-

U        T


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