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Patna High Court

Ram Pargash Ray @ Ram Pragash Rai @ Ram Pragas Rai @ Pragar RAiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.30426 of 2026(3) dt.19-06-2026
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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
          Patna High Court CR. MISC. No.30426 of 2026(3) dt.19-06-2026
                                                      3/3




                    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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