Created by Fuzzy Cloud

Patna High Court

Lakhan Rai @ Lakhan RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.