Patna High Court
Ram Pargash Ray @ Ram Pragash Rai @ Ram Pragas Rai @ Pragar RAiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court held that bail should be granted subject to strict conditions because the trial had not been concluded within a year and the petitioner demonstrated a clean antecedent and lack of conscious possession.
Summary
Ram Pargash Ray was arrested in a case alleging possession of 14 kg of ganja and offences under IPC Section 414 and NDPS Act Sections 8 and 20(b)(ii)(C). The petitioner had previously been denied bail twice, with the court directing that a bail application could be renewed if the trial was not concluded within a year. He contended that the contraband was recovered from a vehicle belonging to co‑accused Md. Danish and Sujeet Kumar, not from his conscious possession, and highlighted his clean antecedent. The State opposed regular bail, emphasizing the seriousness of the NDPS offences. Considering the trial delay, the petitioner’s claim of false implication, and his clean record, the court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions regarding surety relationship, appearance at court dates, and cancellation on non‑appearance.
Issues considered
- Whether bail should be granted in an NDNDPS case where the trial has not concluded within a year
- Whether the petitioner’s claim of false implication and lack of conscious possession warrants bail
- Whether the seriousness of the offences under IPC 414 and NDPS Act precludes bail
Legislation cited
- Indian Penal Code — s. 414
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(C), 8
Subjects
- bail
- NDPS Act
- IPC Section 414
- trial delay
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30426 of 2026
Arising Out of PS. Case No.-530 Year-2022 Thana- RIGA District- Sitamarhi
======================================================
Ram Pargash Ray @ Ram Pragash Rai @ Ram Pragas Rai @ Pragar Rai,
aged about 45 years (gender-Male) Son of Late Raj Mangal Rai, Resident of
Village- Bahera, P.S.- Majorganj, District- Sitamarhi, Bihar- 843332.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mohd Rustam Hussain, Advocate
For the Opposite Party/s : Mr. Bharat Lal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
3 19-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is in custody in a case registered for
the offence punishable under Sections 414 of the Indian Penal
Code and Sections 8, 20(b)(ii)(C) of the Narcotic Drugs and
Psychotropic Substance Act, 1985 (NDPS Act).
3. Earlier the prayer for bail of this petitioner was
rejected twice by this Court as well as another Bench of this
Court passed in Cr. Misc. Nos. 36596 of 2023 vide order dated
10.08.2023 and 15238 of 2024 vide order dated 18.03.2024 with
an observation that if the trial is not concluded within a year, the
petitioner may renew his prayer for bail before the trial Court.
4. As per allegation in the FIR, total 14 kg. Ganja was
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recovered from the house of the petitioner.
5. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in this case. He next
submits that ganja was recovered from a Scorpio and the said
Scorpio is of co-accused Md. Danish and Sujeet Kumar whereas
contraband substance was not recovered from conscious
possession of the petitioner. Petitioner has got clean antecedent
as stated in para-3 of the petition and he is in custody since
20.09.2023.
6. Learned APP for the State opposes the prayer for
regular bail of the petitioner.
7. In view of the aforesaid submissions as well as the
fact that the trial is not concluded within a year, so let the above
named petitioner be released on bail on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Sessions Judge-cum-Special
Judge (NDPS) Sitamhari in connection with G.R. NO.74 of
2022 arising out of Riga P.S. Case No.530 of 2022, subject to
the three following conditions:-
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
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every date fixed by the court below, if so required by the learned
trial Court.
(iii) In case of non-appearance of the petitioner on
single date 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.
(Ramesh Chand Malviya, J)
Brajesh Kumar/-
U T
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