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2026 DAILYLAW 34565 (PAT)

Lakhan Rai @ Lakhan Ray v. The State of Bihar

CR. MISC./10668/2026 · 2026-02-17

Arun Kumar Jha

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10668 of 2026 Arising Out of PS. Case No.-20 Year-2026 Thana- CHAPRA TOWN District- Saran ====================================================== Lakhan Rai @ Lakhan Ray, Son of Shri Rajendra Ray, Resident of Village- Dahiyawa Daragah, P.S.- Chapra Town, District- Saran at Chapra ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Chandra Mohan Jha, Advocate For the Opposite Party/s : Mr.Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 17-02-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. In the present case, the petitioner seeks bail in connection with Town P.S. Case No. 20 of 2026 registered for the alleged offences under Sections 329(4), 317(4), 111, 308(2), 132, 318(4), 61(2), 3(5) of BNS, Section 25(1-B)a, 6, 35 of the Arms Act and Sections 30 (a)/45 of the Bihar Prohibition & Excise Act. 3. As per prosecution case, police received secret information about the petitioner and other co-accused persons indulging in widespread sale of smack and liquor, a raid was conducted and this petitioner was apprehended. The other co- accused persons fled away from the spot. Further search was made in the house of the petitioner and other co-accused persons Patna High Court CR. MISC. No.10668 of 2026(2) dt.17-02-2026 2/3 and recovery of a number of mobile phones, fold-able knife, country made katta, illicit liquor and cash was made. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Only recovery shown from the house of the petitioner is of mobile phone, earbuds and 10 liters country made liquor. The petitioner has no concern with the recovery made from the houses of others. The mobile phone and earbuds recovered from the house of the petitioner belong to him. The learned counsel further submits that the petitioner is in custody since 08.01.2026 and is having clean antecedent. 5. Learned APP for the State opposes the submission made on behalf of the petitioner. 6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the nature of recovery and period of custody of the petitioner along with his clean antecedent, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No.1, Saran at Chapra/court concerned in connection with Town P.S. Case No. 20 of 2026, subject to the conditions mentioned in Patna High Court CR. MISC. No.10668 of 2026(2) dt.17-02-2026 3/3 Section 480(3) of BNSS and the following conditions: (i) One of the bailors will be a close relative of the petitioner. (ii) The petitioner will remain present on each and every date fixed by the court below. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. V.K.Pandey/- (Arun Kumar Jha, J) U T