Patna High Court
Kanchan Kumar @ Kanchan RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted bail to the petitioner on the condition of a Rs.5,000 bond with two sureties.
Summary
The petitioner, Kanchan Kumar, was arrested in connection with the alleged recovery of 900 litres of liquor and seizure of a motorcycle under Section 30(a) of the Bihar Excise Act. She has a prior case under the Excise Act and has been in custody since 21-04-2026. Counsel argued that she was not arrested at the spot, the liquor was not found in her possession, and she is not the owner of the seized vehicle, having been implicated by locals. The State opposed bail. Considering these submissions and the period of custody, the Court ordered her release on bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount, pending trial in the Malsalami P.S. Case No. 114 of 2026.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Excise Act given the circumstances of arrest and prior case
Legislation cited
- Bihar Excise Act — s. 30(a)
Subjects
- bail
- excise law
- Section 30
- liquor seizure
- criminal procedure
- women accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35553 of 2026
Arising Out of PS. Case No.-114 Year-2026 Thana- MALSALAMI District- Patna
======================================================
Kanchan Kumar @ Kanchan Ray S/o Fudena Ray @ Fudaina Ram R/o
Village- Sukumarpur, PS- 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.Parmanand Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 01-07-2026 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
offences punishable under Section 30(a) of the Bihar Excise
Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of one case under the Excise Act and is
in custody since 21-4-2026 and is a woman. It is next submitted
that allegation is of recovery of 900 litres of liquor from bank of
Damrahi Ghat and a motorcycle was seized.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from her conscious possession and is not the owner of
the seized vehicle and she came to be implicated at the instance
Patna High Court CR. MISC. No.35553 of 2026(2) dt.01-07-2026
2/2
of local people.
5. Learned A.P.P. for the State vehemently opposes
the prayer for bail of the petitioner.
6. Considering the submission made by learned
counsel for the petitioner and taking into consideration the
period of custody, let the petitioner, above named, be released
on bail on furnishing bail bond 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 Malsalami P.S. Case
No. 114 of 2026.
(Satyavrat Verma, J)
Sumit/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.