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Patna High Court

Kanchan Kumar @ Kanchan RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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