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Patna High Court

Lakhi Narayan SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to a bond of Rs.10,000 and conditions under the Bharatiya Nyaya Sanhita, 2023.

Summary

Lakhi Narayan Sah, a labourer in a government godown, was charged under Sections 303(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023 and Section 7 of the Essential Commodities Act, 1955 for allegedly reducing the weight of grain sacks. He claimed he was compelled by the godown manager to make "sikni" to lighten the bags and maintained his innocence, citing a clean antecedent. The State opposed his bail, arguing he was a poor labourer but still a suspect. The Patna High Court noted the petitioner had disclosed the alleged modus operandi to his superior and that the real wrongdoer appeared to be the manager, finding the circumstances warranted bail. Consequently, the Court ordered his release on bail with a bond of Rs.10,000 and conditions under Sections 2(1)(d) and 482(2) of the Bharatiya Nyaya Sanhita, 2023.

Issues considered

  • Whether bail should be granted to the petitioner accused of offences under the Bharatiya Nyaya Sanhita, 2023 and the Essential Commodities Act, 1955.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • theft
  • essential commodities
  • weight reduction
  • labour
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38047 of 2026
                  Arising Out of PS. Case No.-144 Year-2026 Thana- BAIKUNTHPUR District- Gopalganj
                 ======================================================
                 Lakhi Narayan Sah S/o- Asarfi Sah Resident of Village- Digwa Dwali, P.S-
                 Baikunthpur, District- Gopalganj

                                                                                 ... ... Petitioner/s

                                                      Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dharmveer, Advocate
                 For the Opposite Party/s :      Mr. Bhanu Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   17-06-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Baikunthpur P.S. Case No. 144 of 2026 lodged on

                   10.03.2026, for the offence punishable under Sections 303(2) &

                   318(4) of the Bharatiya Nyaya Sanhita, 2023 and section 7 of

                   the Essential Commodities Act, 1955.

                                3. As per the prosecution, FIR has been lodged against

                   the sole petitioner with allegation that he used to reduce the

                   weight of sacks arriving at the warehouse (government godown)

                   by taking out food grains.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent, committed no offence and has been
Patna High Court CR. MISC. No.38047 of 2026(2) dt.17-06-2026
                                            2/3




          falsely implicated in this case. Counsel submits that the

          petitioner is a labour working in the government godown and

          with a view to carry the bags, he used sikni, but defence has

          been taken that the godown manager forced the petitioner to

          make sikni more times so that the weight of the bag be

          minimized. But, it has been alleged against the petitioner that he

          has done these things by his own. Counsel further submits that

          the petitioner has clean antecedent.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner but submits that the petitioner is a poor

          labour.

                       6. This Court is surprised that, despite the petitioner

          having disclosed the entire modus operandi to his superior, the

          petitioner himself has been made accused in this case instead of

          the actual wrongdoer. It is an unfortunate situation in the

          opinion of the Court.

                       7. As such, in the present facts and circumstances of

          this case, let the above named petitioner be released on bail, in

          the event of arrest or surrender before the Trial Court within a

          period of 4 weeks from today, on furnishing bail bond of

          Rs.10,000/- (Rupees Ten Thousand) as mentioned in Section

          2(1)(d) of the B.N.S.S., 2023 to the satisfaction of District &
             Patna High Court CR. MISC. No.38047 of 2026(2) dt.17-06-2026
                                                         3/3




                       Addl. Sessions Judge-I, Gopalganj, in connection with

                       Baikunthpur P.S. Case No. 144 of 2026, subject to the

                       conditions as laid down U/s 482(2) of the B.N.S.S., 2023.



                                                                       (Dr. Anshuman, J)
Divyansh/-

U      T


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