Patna High Court
Lakhan Rai @ Lakhan RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court granted bail to the petitioner subject to the conditions prescribed under Section 480(3) of the Bihar Narcotic Substances Act.
Summary
Lakhan Rai was arrested following a police raid that uncovered mobile phones, a knife, illicit liquor and cash, leading to charges under multiple sections of the Bihar Narcotic Substances Act, the Arms Act and the Bihar Prohibition & Excise Act. The petitioner contended that he was falsely implicated, that only a small quantity of liquor and personal items were recovered from his house, and that he has a clean antecedent and has been in custody since 8 January 2026. The State opposed bail, citing the seriousness of the offences. The Court, after considering the nature of the recovery, the petitioner’s clean record and the length of custody, ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the BNSS. The bail order required a close relative as one bailor, regular court appearances, and stipulated cancellation of bail for non‑compliance.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the narcotic, arms and excise offences.
- Whether the petitioner poses a flight risk or a risk of tampering with evidence.
- Applicability of Section 480(3) of the Bihar Narcotic Substances Act in granting bail.
Legislation cited
- Arms Act — s. 25(1-B)a, 35, 6
- Bihar Narcotic Substances Act — s. 111, 132, 308(2), 317(4), 318(4), 329(4), 3(5), 480(3), 61(2)
Subjects
- bail
- narcotic offences
- arms act
- prohibition and excise
- Section 480
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10668 of 2026
Arising Out of PS. Case No.-20 Year-2026 Thana- CHAPRA TOWN District- Saran
======================================================
Lakhan Rai @ Lakhan Ray, Son of Shri Rajendra Ray, Resident of Village-
Dahiyawa Daragah, P.S.- Chapra Town, District- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Chandra Mohan Jha, Advocate
For the Opposite Party/s : Mr.Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Town P.S. Case No. 20 of 2026 registered for
the alleged offences under Sections 329(4), 317(4), 111, 308(2),
132, 318(4), 61(2), 3(5) of BNS, Section 25(1-B)a, 6, 35 of the
Arms Act and Sections 30 (a)/45 of the Bihar Prohibition &
Excise Act.
3. As per prosecution case, police received secret
information about the petitioner and other co-accused persons
indulging in widespread sale of smack and liquor, a raid was
conducted and this petitioner was apprehended. The other co-
accused persons fled away from the spot. Further search was
made in the house of the petitioner and other co-accused persons
Patna High Court CR. MISC. No.10668 of 2026(2) dt.17-02-2026
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and recovery of a number of mobile phones, fold-able knife,
country made katta, illicit liquor and cash was made.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. Only recovery shown from the house of the petitioner is of
mobile phone, earbuds and 10 liters country made liquor. The
petitioner has no concern with the recovery made from the
houses of others. The mobile phone and earbuds recovered from
the house of the petitioner belong to him. The learned counsel
further submits that the petitioner is in custody since 08.01.2026
and is having clean antecedent.
5. Learned APP for the State opposes the submission
made on behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
nature of recovery and period of custody of the petitioner along
with his clean antecedent, the petitioner above named is directed
to 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 Judge, Excise Court
No.1, Saran at Chapra/court concerned in connection with Town
P.S. Case No. 20 of 2026, subject to the conditions mentioned in
Patna High Court CR. MISC. No.10668 of 2026(2) dt.17-02-2026
3/3
Section 480(3) of BNSS and the following conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each
and every date fixed by the court below.
(iii) In case of absence on three consecutive
dates or in violation of the terms of the bail, the
bail bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
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