Kanchan Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47297 of 2025 Arising Out of PS. Case No.-70 Year-2025 Thana- GANGABRIDGE District- Vaishali ====================================================== Kanchan Ray S/O Satyendra Ray R/O Village- Terasiya, P.S- Gangabridge, Distt.- Vaishali.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-07-2025 Heard Learned Counsel for the petitioner and Learned A.P.P for the State.

2. The petitioner is apprehending arrest in connection with Gangabridge P.S. Case No.70 of 2025 lodged on 18.05.2025, for the offence punishable under Sections 30(a), 30(c) of the Bihar Prohibition and Excise Act pending before Exclusive Special Excise Court No.1-cum- Additional District Sessions Judge, Vaishali at Hajipur.

3. As per the prosecution, the total recovery of 10,000 litres of raw material jawa have been made from two motorcycles, which is the subject matter of the present case.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that petitioner was not present on the spot and his name has been transpired only on suspicion. Counsel further submits that criminal antecedent of the petitioner is not clean as

Patna High Court CR. MISC. No.47297 of 2025(2) dt.30-07-2025 2/2 there are two cases in which one case is relating to excise, pending against him in which he is on bail. He further submits that nothing has been recovered from conscious possession of the petitioner.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that criminal antecedent of the petitioner is not clean as there are two cases in which one case is relating to excise, pending against him and this aspect must be taken into consideration.

6. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected.

7. However, trial court is directed to consider the regular bail application of the petitioner, if he surrenders within 6 weeks from today and prays for regular bail, then trial court shall pass order without being prejudice of the present order preferably on the same day.

(Dr. Anshuman, J.) Prakashmani/- U T