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Patna High Court

Riyaz DewanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that, in view of the prolonged custody and lack of trial progress, the petitioner deserves the relief of regular bail.

Summary

Riyaz Dewan, a Nepalese national, was arrested in September 2022 in connection with an NDNDPS case involving alleged possession of a commercial quantity of charas. He applied for regular bail after being in custody for over three years, arguing that the trial had progressed very slowly, with only three of seven prosecution witnesses examined. The State opposed bail, emphasizing the seriousness of the alleged offence. The Patna High Court noted the prolonged detention, the lack of significant trial progress, and the fact that a co-accused had already been released on bail. Considering these circumstances, the Court granted the petitioner regular bail on a bond of Rs. 20,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the seriousness of the NDPS offences alleged against him
  • Whether the delay in trial proceedings and prolonged pre‑trial detention justify granting bail

Legislation cited

Subjects

  • regular bail
  • NDPS Act
  • trial delay
  • pre‑trial detention
  • commercial quantity of charas
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3881 of 2026
                   Arising Out of PS. Case No.-458 Year-2022 Thana- RAXAUL District- East Champaran
                 ======================================================
                 Riyaz Dewan, S/O Jahir Dewan, R/O Village- Bishrampur, Ward No. 7, P.S-
                 Pokhariya, Distt.- Parsa (Nepal).                    ... ... Petitioner/s
                                                   Versus
                 The State of Bihar                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sunil Kumar No.III, Adv.
                 For the Opposite Party/s :       Mr.Chandra Bhushan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

5   19-06-2026                    1. Heard the parties.

                                2. Petitioner seeks regular bail in connection with

                   NDPS Case No. 93 of 2022, arising out of Raxaul P.S. Case No.

                   458 of 2022, registered for the offence(s) punishable under

                   Section(s) 20(b)(ii)(C), 23(c) and 25 of the NDPS Act.

                                3. The main submissions advanced by petitioner's

                   counsel are that this is the second attempt of the petitioner to get

                   the relief of regular bail, though his earlier prayer was rejected

                   by this Court vide order dated 31.01.2024 passed in Cr. Misc.

                   No. 46195 of 2023. The fresh grounds for renewing the prayer

                   are petitioner's long custody period as he has been languishing

                   in jail since 30.09.2022 and has spent three years and about

                   eight months till date and one co-accused namely, Vikky Kumar

                   is already on bail and further there is no significant progress in

                   the trial of the petitioner as several prosecution witnesses are
              Patna High Court CR. MISC. No.3881 of 2026(5) dt.19-06-2026
                                                          2/2




                        yet to be examined indicating there may be some delay in the

                        final decision of the trial of the petitioner.

                                     4. Learned APP appearing for the State has opposed

                        the bail prayer of the petitioner and submits that there is serious

                        allegation against the petitioner who was apprehended with

                        commercial quantity of Charas.

                                     5. Considering the aforesaid submissions and mainly

                        taking into account the lingering attitude of the prosecution in as

                        much out of seven chargsheet witnesses only three witnesses

                        have been examined so far despite the charges having been

                        framed on 12.09.2024 and last prosecution witness was

                        examined on 12.02.2025 and after which there is no progress

                        in the trial as appears from the report of the trial court, in the

                        light of these circumstances, this court finds that the petitioner

                        now deserves the relief of bail. Accordingly, let the petitioner

                        named-above be released on bail on furnishing bail bond of Rs.

                        20,000/- (Rupees Twenty Thousand) with two sureties of the

                        like amount each to the satisfaction of the concerned Court in

                        connection with Raxaul P.S. Case No. 458 of 2022.



                                                  (Shailendra Singh, J)
Rajiv/-

U         T


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