Patna High Court
Kanchan Kumar @ Kanchan RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Bihar Prohibition and Excise Act — s. 30(a)
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/-
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