Kanchan Kumar @ Kanchan Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79935 of 2025 Arising Out of PS. Case No.-264 Year-2018 Thana- NADI P.S. District- Patna ====================================================== Kanchan Kumar @ Kanchan Ray Son of Ram Pravesh Rai Resident of Village - Jethuli, Police Station - Nadi, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr. Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 147, 148, 149, 353, 337, 338, 427, 431 and 34 of the Indian Penal Code as well as Sections 30(a) and 45 of Bihar Prohibition & Excise (Amendment) Act, 2016.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that the FIR named accused persons including the petitioner along with 30 unknown accused attacked the raiding party with pellet, Lathi, Danda due to which raiding party became injured and one Ajit Kumar sustained grievous injury.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the

Patna High Court CR. MISC. No.79935 of 2025(2) dt.09-01-2026 2/2 informant. It is next submitted that the case has been instituted under the Excise Act in order to ensure that anticipatory bail is not granted to the accused person. It is further submitted that FIR does not disclose the quantity of liquor. It is further submitted that from perusal of the allegations, as alleged in the FIR, it would manifest that no specific overt act is alleged against the petitioner.

5. Learned APP opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, let petitioner, above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Rupees Ten 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 Nadi P.S. Case No.264 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Satyavrat Verma, J) Sanjay/- U T