Lakhan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67343 of 2025 Arising Out of PS. Case No.-303 Year-2023 Thana- MIRGANJ District- Gopalganj ====================================================== Lakhan Singh S/o- Ram Pravesh Singh R/o- Matihani Madhaw, P.S.- Mirganj, District- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raghav Prasad, Advocate Ms. Urmila Kumari, Advocate Mr. Chandra Shekhar, Advocate Mr. Gun Sagar Mahto, Advocate For the Opposite Party/s :
Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 31-10-2025
1. Heard learned counsel for the parties.
2. The petitioner has renewed his prayer for grant of regular bail in connection with Trial no.21 of 2024, arising out of Mirganj P.S. Case no.303 of 2023 registered under sections 399, 402 and 414 of the Indian Penal Code, sections 25(1-B)(a), 26 and 35 of the Arms Act and sectionss 20(b)(ii)c, 25 and 29 of the N.D.P.S. Act.
3. As per the prosecution case, it is stated that five accused persons including the petitioner herein were arrested and various incriminating articles were recovered from their possession. From the possession of the petitioner, one loaded country made pistol and 200 grams of charas was recovered.
Patna High Court CR. MISC. No.67343 of 2025(3) dt.31-10-2025 2/3
4. It is submitted by learned counsel for the petitioner that the earlier application for bail of the petitioner was rejected vide order dated 2.12.2024 passed in Cr. Misc. no.65649 of 2024. Inspite of the petitioner having remained in custody for more than 2 years since 8.8.2023 and cooperating in the trial, there is no chance of the trial concluding in the near future. The petitioner undertakes to cooperate in the trial and to abide by any conditions which may be laid by this Court for his release on bail.
5. The application for bail is opposed by learned A.P.P. for the State.
6. A report was called for from the learned trial Court. As per the report received contained in letter dated 27.9.2025 of the learned District and Additional Sessions Judge-I, Gopalganj, the examination of the prosecution witnesses has commenced and one witness has been examined. Four witnesses remain to be examined.
7. Having heard learned counsel for the parties and taking into consideration the allegations of recovery of 200 grams of charas, the quantity being more than small quantity though less than the commercial quantity and the contents thereof having been confirmed in the FSL report, the Court is
Patna High Court CR. MISC. No.67343 of 2025(3) dt.31-10-2025 3/3 not inclined to enlarge the petitioner on bail and the application is rejected.
8. Taking into consideration the period in custody, liberty is granted to the petitioner to renew his prayer for bail if the trial is not concluded within a period of six months for no fault of the petitioner.
(Partha Sarthy, J) avinash/- U T