Patna High Court
Lalit Mohan Rai @ Lalit Mohan RayversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail could not be granted given the seriousness and quantity of the seized arms, ammunition, cash and illicit liquor.
Summary
The petitioner, Lalit Mohan Rai, was arrested in connection with a special excise case involving alleged possession of arms, ammunition, illicit foreign liquor and cash. The charge sheet invoked Sections 25(1‑B)(a) and 26(2) of the Arms Act. The petitioner claimed innocence, alleging that the seized items were planted, and noted he had only one prior criminal antecedent and had been in custody since 5 November 2025. The State opposed the bail application, emphasizing the large quantity of weapons, ammunition, cash and liquor recovered. The learned single judge considered the seriousness of the offenses and the risk to public order. Consequently, the court dismissed the petitioner's regular bail application.
Issues considered
- Whether regular bail should be granted to the accused in a case involving possession of arms, ammunition, illicit liquor and cash under the Arms Act
Legislation cited
- Arms Act — s. 25(1-B)(a), 26(2)
Subjects
- regular bail
- Arms Act
- possession of firearms
- illicit liquor
- high court
- bail denial
- public safety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9011 of 2026
Arising Out of PS. Case No.-829 Year-2025 Thana- BIHTA District- Patna
======================================================
Lalit Mohan Rai @ Lalit Mohan Ray S/o Late Jaipal @ Late Jaipal Rai
Resident of Village- Kanhauli, P.S.- Bihta, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N. K. Agrawal, Sr. Advocate
Mr. Satish Chandra, Advocate
For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 02-04-2026 Heard learned Senior counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Special Excise Case No. 2278 of 2025, (arising out of Bihta P.S.
Case No. 829 of 2025), registered under Sections 25(1-B)(a),
26(2) of the Arms Act.
3. The recovery is of three country made pistol, one
double BBL gun, 27 cartridges, 650 mg. Illicit foreign liquor
and Rs. 10 Lakhs cash from the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case and the recovery is planted one. Petitioner has one
criminal antecedent and he is in custody since 05.11.2025.
Patna High Court CR. MISC. No.9011 of 2026(3) dt.02-04-2026
2/2
5. Learned APP for the State has vehemently opposes
the prayer for bail of the petitioner.
6. Considering the huge quantity of recovery of arms
and ammunition, Rs. 10 Lakhs in cash and also illicit foreign
liquor, this application is dismissed.
(Sandeep Kumar, J)
Ranjeet/-
U T
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