Patna High Court
Riyaz DewanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
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
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(C), 23(c), 25
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/-
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