Patna High Court
Lakhindra SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The bail petition is dismissed as there are no fresh grounds and the trial is ongoing.
Summary
The petitioner, Lakhindra Sahni, was arrested in connection with a case under Sections 8, 20(b)(ii), 20(c) and 22(c) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. He applied for bail, arguing that he had been in judicial custody since 5 October 2024 without justification. The trial court had earlier denied regular bail, noting that the quantity of contraband exceeded commercial limits. The High Court noted that charges have been framed and summons issued, but no witness examination has yet taken place, indicating that the trial is ongoing. Since there were no fresh grounds to revisit the bail application and the trial was in progress, the court rejected the bail petition and directed the lower court to expedite the proceedings.
Issues considered
- Whether the petitioner is entitled to bail under the NDPS Act given the nature and quantity of the contraband.
- Whether any fresh ground exists to reconsider the earlier denial of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii), 20(c), 22(c), 8
Subjects
- bail
- NDPS Act
- judicial custody
- trial delay
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3834 of 2026
Arising Out of PS. Case No.-129 Year-2024 Thana- RAIL HAJIPUR District- Vaishali
======================================================
Lakhindra Sahni Son of Jaglal Sahni R/o Mohalla - Nakhas Chowk, P.S.-
Hajipur Town, District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mritunjay Kumar, Advocate
For the Opposite Party/s : Mr. Akbar Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 11-03-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Hajipur
Rail P.S. Case No. 129 of 2024 instituted for the offences under
Sections 8/20(b)(ii)/20(c)/22(c) of the N.D.P.S. Act.
3. Earlier vide order dated 22.07.2025 passed in Cr.
Misc. No. 44817 of 2025, regular bail of the petitioner was
rejected by this Court considering the recovery of the
contraband beyond the commercial quantity.
4. In compliance of the order dated 28.01.2026 a report
dated 16.02.2026 with regard to the present stage of trial has
been received. From perusal of the aforesaid report, it appears
that charges have been framed and summons have been issued
Patna High Court CR. MISC. No.3834 of 2026(3) dt.11-03-2026
2/2
to witnesses for their examination but none of them have been
examined till date.
5. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 05.10.2024
without any rhymes or reason.
6. Learned APP for the State opposes the prayer for
grant of bail.
7. There is no fresh ground to consider the bail petition
of the petitioner. From the aforesaid report, it appears that the
trial is going on.
8. In view of the above, the prayer for bail of the
petitioner is again rejected with a direction to the learned court
below to expedite the trial and conclude the same as
expeditiously as possible without any undue delay and
unnecessary adjournment.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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