Patna High Court
Dilip RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that regular bail may be granted to the petitioners despite the NDPS charges.
Summary
The petitioners, Dilip Ram and Raj Bihari Ram, Nepalese nationals, were arrested after SSB intercepted them and recovered cash and 26 grams of cannabis resin (smack). They were charged under Sections 8, 21(b), 23(B), 25 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The petitioners pleaded innocence, claimed a clean antecedent, and had been in custody since 24‑12‑2025, seeking regular bail. The State opposed the bail application. The Court, after considering the nature of the allegations, custody period, and the petitioners' background, allowed the regular bail, directing a bail bond of Rs.10,000 each with two Indian sureties and conditions of cooperation and non‑interference with evidence. The order is limited to bail and does not comment on the merits of the underlying case.
Issues considered
- Whether regular bail can be granted to accused persons charged under Sections 8, 21(b), 23(B), 25 and 29 of the NDPS Act
- Whether the petitioners' status as Nepalese nationals affects their eligibility for bail
- Whether the custody period and nature of the alleged offence justify denial of bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 23(B), 25, 29, 8
Subjects
- bail
- NDPS Act
- narcotics
- foreign nationals
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26166 of 2026
Arising Out of PS. Case No.-168 Year-2025 Thana- MAHUAWA District- East Champaran
======================================================
1. Dilip Ram S/O- Yogendra Chamar @ Jogendra Chamar Resident Of Village-
Chikni, Ward No.6, P.O.-P.S- Simrangadh, District- Bara (Nepal)
2. Raj Bihari Ram S/O- Pundev Mehra Chamar Resident Of Village- Chikni,
Ward No.6, P.O.-P.S- Simrangadh, District- Bara (Nepal)
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shamir Mehra, Advocate
Mr. Anil Kumar
For the Opposite Party/s : Mr. Jitendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 22-04-2026 Heard the learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek regular bail in connection with
Mahuawa P.S. Case No. 168 of 2025 registered for the offence
under Sections 8, 21(b), 23(B), 25 and 29 of the NDPS Act.
3. As per the prosecution case, during the course of
checking, the petitioners were intercepted by SSB and upon
search, Rs. 1,500 Indian currency and Rs. 4,100 Nepali currency
were recovered from petitioner Raj Bihar Ram. From the
possession of Dilip Ram, 26 grams of smack was recovered.
4. Learned counsel for the petitioners submits that
the petitioners are innocent and have no connection with the
Patna High Court CR. MISC. No.26166 of 2026(2) dt.22-04-2026
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alleged recovery. They are in custody since 24.12.2025 and have
clean antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Having considered the aforesaid facts and
circumstances, the nature of allegation, the period of custody
and the materials available on record, this application for regular
bail is allowed.
7. Let the petitioners, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned Court below where the case is pending/successor
Court in connection with Mahuawa P.S. Case No. 168 of 2025
subject to condition that:-
(i) Both the bailors shall be Indian
citizens.
(ii) The petitioners shall cooperate
in the trial and shall not tamper with the
evidence or influence witnesses in any
manner.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
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and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U
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