Kanchan Kumar @ Kanchan Ray Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Kanchan Kumar @ Kanchan Ray Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Release 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.

Issue for consideration

Whether the petitioner should be released on regular bail in connection with Malsalami P.S. Case No. 152 of 2026 registered under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act 2022.

Court's answer

On perusal of the FIR and the impugned order, the Court found that the petitioner is not named in the FIR and his name surfaced from the confessional statement of the co-accused.

Ratio / Principle

Nothing has been recovered from the possession of the petitioner.

Key takeaways

Considering the facts and circumstances of the case and the submissions made on behalf of the petitioner, the Court directed that the 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 the learned Exclusive Special Court of Excise, Patna City, Patna.ratio¶21

Detailed headnote1 paragraphs

Regular bail granted. The petitioner, Kanchan Kumar @ Kanchan Ray, was in custody in Malsalami P.S. Case No. 152 of 2026 (District Patna) for offences punishable under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act 2022, wherein, per the prosecution, 200 litres of illicit liquor was recovered from a motorcycle. On perusal of the FIR and the impugned order, the Court found that the petitioner was not named in the FIR, his name surfaced from the confessional statement of the co-accused, and nothing was recovered from his possession. The Court allowed the bail prayer, directing release on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Court of Excise, Patna City, Patna. (Ramesh Chand Malviya, J.; decided 20-05-2026.)

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.

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.

As per prosecution case, total 200 litres of illicit liquor has been recovered from the motorcycle.

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.

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.

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.

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