Patna High Court
Hare Ram Sah @ Hare RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner, subject to a bond of Rs. 15,000 and two sureties.
Summary
Hare Ram Sah was arrested in connection with a case under the Bihar Prohibition and Excise Act and the NDPS Act, involving contraband beyond commercial quantity. He had been in judicial custody since 18 March 2025 and the charge was framed on 8 April 2026, with no witnesses examined. The petitioner, represented by Mr. Sandip Kumar Gautam, sought regular bail after a prior bail application was rejected. The State, represented by Mr. Damodar Prasad Tiwary, opposed the bail. Considering the length of custody, lack of prior criminal record, and the fact that the trial had not progressed, the Court inclined to grant bail, ordering the petitioner to furnish a bail bond of Rs. 15,000 with two sureties of the same amount. The bail was granted, and the petitioner was released subject to the bond conditions.
Issues considered
- Whether bail should be granted in a case involving contraband beyond commercial quantity under the NDPS Act and the Bihar Prohibition and Excise Act.
- Whether the period of pre‑trial detention and absence of witness examination justify granting bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(2)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21, 37, 8(a), 8(c)
Subjects
- bail
- NDPS Act
- Bihar Prohibition and Excise Act
- contraband
- judicial custody
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41462 of 2026
Arising Out of PS. Case No.-88 Year-2025 Thana- BALIYA District- Begusarai
======================================================
Hare Ram Sah @ Hare Ram S/O Late Sahdeo Sah @ Late Sahdev Sah R/O
Village - Mathurapura, Ward No.- 6, P.S- Ballia (Balliya )District Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate
For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 03-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Ballia
(Balliya) P.S. Case No. 88 of 2025, instituted for the offences
under Sections 30(a), 32(2) of Bihar Prohibition and Excise Act,
read with Sections 8(a)(c) and 21 of the NDPS Act.
3. This is the second attempt of the petitioner for bail.
The petitioner has renewed his prayer for grant of regular bail
which was earlier rejected by this Court vide order dated
12.11.2025 passed in Cr. Misc. No. 51740 of 2025 taking into
consideration the facts and circumstances of the case and
recovery of contraband beyond commercial quantity coupled
with embargo under Section 37 of the NDPS Act.
Patna High Court CR. MISC. No.41462 of 2026(2) dt.03-07-2026
2/2
4. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 18.03.2025
without any rhymes or reason and has got no criminal
antecedent. It is further submitted that charge has already been
framed against the petitioner on 08.04.2026 but no any witness
has been examined in this case.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case and the period of custody undergone by the petitioner,
this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Ballia (Balliya) P.S.
Case No. 88 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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