Patna High Court
Lakhi Narayan SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
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
- Bharatiya Nyaya Sanhita, 2023 — s. 2(1)(d), 303(2), 318(4), 482(2)
- Essential Commodities Act, 1955 — s. 7
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
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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
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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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