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Patna High Court

LAKHINDRA RAI @ LAKHANversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Bail was denied to the petitioner.

Summary

The petitioner, Lakhindra Rai, was arrested on 19‑11‑2024 in connection with the recovery of 52 kg of ganja from a vehicle and charged under Section 317(5) of the Bharatiya Nyaya Sanhita and Sections 8 and 20(b)(ii)(c) of the NDPS Act. He applied for bail, claiming a clean antecedent, that he was merely driving the vehicle and was unaware of the contraband, and that he had been falsely implicated by an informant. The State opposed bail, arguing that the petitioner had identified co‑accused after arrest, indicating his involvement, and emphasizing the commercial quantity of narcotics involved. The Court considered the seriousness of the offence and the prosecution’s submission. It concluded that bail could not be granted at this stage. Consequently, the petition for bail was rejected.

Issues considered

  • Whether the petitioner is entitled to bail despite alleged involvement in a commercial quantity narcotics offence under the NDPS Act and BNS.
  • Whether the petitioner’s claim of false implication and lack of knowledge of the contraband negates the presumption of involvement.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • Bharatiya Nyaya Sanhita
  • narcotics
  • commercial quantity
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76749 of 2025
                    Arising Out of PS. Case No.-390 Year-2024 Thana- MAJORGANJ District- Sitamarhi
                 ======================================================
                 LAKHINDRA RAI @ LAKHAN Son of Sonelal Rai Resident of village -
                 Sangrampur, Ward No.- 3, P.S.- Sonebarsa, District - Sitamarhi.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Pushpendra Kumar Singh, Adv
                 For the Opposite Party/s :       Mr.Chandra Bhushan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   26-02-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.    The petitioner seeks bail              in connection with

                   Majorganj P.S. Case No.390/2024, registered for the offences

                   punishable under Section 317(5) of the Bharatiya Nyaya Sanhita

                   and Sections 8, 20(b)(ii)(c) of the N.D.P.S. Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is in custody since 19-11-2024 and is a person with

                   clean antecedent and allegation is of recovery of 52 KG of ganja

                   from a car and the petitioner was apprehend from the car and

                   disclosed the name of Tamish Kumar stating that Tamish Kumar

                   and others worked as route liner.

                             4.    Learned counsel for the petitioner submits that

                   petitioner has been falsely implicated in the instant case by the
              Patna High Court CR. MISC. No.76749 of 2025(3) dt.26-02-2026
                                                          2/2




                        informant. It is next submitted that petitioner is not the owner

                        of the seized vehicle and was merely driving the car as such he

                        was not even aware that what was kept in the car.

                                 5.     Learned A.P.P. for the State vehemently opposes

                        the prayer for bail of the petitioner and submits that from

                        perusal of the allegation as alleged in the FIR, it would manifest

                        that petitioner after his arrest disclosed the name of certain other

                        accused persons, who were involved in the occurrence, as such

                        it cannot be said at this stage that petitioner was not involved in

                        the occurrence. It is next submitted that allegation is of recovery

                        of commercial quantity of narcotics.

                                 6.     Considering the submission made by learned APP,

                        the Court is not inclined to release the petitioner on bail.

                                 7.     Accordingly, the prayer for bail of the petitioner is

                        rejected.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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