Patna High Court
Kanchan Kumar @ Kanchan RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court held that bail must be granted as the petitioner was not named in the FIR and no material was recovered from him.
Summary
The petitioner, Kanchan Kumar, was in judicial custody for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, relating to illicit liquor. The prosecution alleged that 200 litres of illegal liquor were recovered from a motorcycle, but the petitioner’s name did not appear in the FIR; it was derived only from a co‑accused’s confessional statement and no liquor was seized from him. The petitioner contended that he was falsely implicated and sought regular bail. The State opposed the bail application. After reviewing the FIR and the order, the court noted the lack of direct evidence against the petitioner and, considering the circumstances, granted regular bail on a bond of Rs. 10,000 with two sureties, subject to the satisfaction of the Exclusive Special Court of Excise.
Issues considered
- Whether bail should be granted when the petitioner is not named in the FIR and is implicated solely through a co‑accused’s confessional statement.
- Whether the absence of any seizure from the petitioner’s possession justifies granting bail under the Bihar Prohibition and Excise (Amendment) Act, 2022.
Legislation cited
Subjects
- bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- confessional statement
- FIR
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 33843 of 2026
Arising Out of PS. Case No.-152 Year-2026 Thana- MALSALAMI District- Patna
======================================================
Kanchan Kumar @ Kanchan Ray S/o Fuden Ray @ Fudaina Ram R/o
Village- Sukumarpur, P.S.-Raghopur, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mithilesh Kr. Arya, Advocate
For the Opposite Party/s : Mr. Pawan Kumar Chaurasia, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
2 20-05-2026 Heard learned counsel for the petitioner and learned
APP for the State through virtual mode.
2. The petitioner is in custody in connection with
Malsalami P.S Case No. 152 of 2026 registered for the offences
punishable under Sections 30(a) of the Bihar Prohibition and
Excise (Amendment) Act 2022.
3. As per prosecution case, total 200 litres of illicit
liquor has been recovered from the motorcycle.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in this case. It is further
submitted that petitioner is not named in FIR. It is also
submitted that petitioner is in judicial custody since 21.04.2026.
5. However, learned APP for the State oppose the
Patna High Court CR. MISC. No. 33843 of 2026(2) dt.20-05-2026
2/2
prayer for regular bail of the petitioner.
6. On perusal of the FIR and impugned order, it
appears that petitioner is not named in FIR his name surfaced
from the confessional statement of the co-accused. Nothing has
been recovered from the possession of the petitioner.
7. Considering the aforesaid facts and circumstances
of the case and submissions made on behalf of the petitioner, let
the above named petitioner be released on bail on furnishing
bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of
the like amount each to the satisfaction of learned Exclusive
Special Court of Excise, Patna City, Patna in connection with
Malsalami P.S Case No. 152 of 2026.
(Ramesh Chand Malviya, J)
Mayank/-
U T
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