Patna High Court
Ram Rai @ Ram RayversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that bail could not be granted and dismissed the application.
Summary
Ram Rai was arrested in connection with a case registered under Sections 21(b), 23(b) and 29 of the NDPS Act after 102 grams of brown sugar was recovered from his possession. He applied for bail for the second time, having already been denied bail on 10 July 2024. The Patna High Court noted that the quantity involved is intermediate, the trial has already commenced with three of five witnesses examined, and the gravity of the offence remains high. Relying on the Supreme Court’s decision in X vs. State of Rajasthan (2024 SCC Online SC 3539), the Court declined to revisit its earlier order. Consequently, the bail application was dismissed and the trial was directed to be expedited.
Issues considered
- Whether bail can be granted in an NDPS case involving an intermediate quantity of narcotic substance when the trial is already underway
- Whether the Supreme Court precedent in X vs. State of Rajasthan (2024) mandates denial of bail in such circumstances
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 23(b), 29
Subjects
- NDPS Act
- bail
- intermediate quantity
- criminal procedure
- Supreme Court precedent
- trial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63790 of 2025
Arising Out of PS. Case No.-225 Year-2023 Thana- THAKURGANJ District- Kishanganj
======================================================
Ram Rai @ Ram Ray Son of Late Garbu Ray Resident of village- karandighi,
Dalkola, Ps- Dalkhola, Dist- Uttar Dinajpur, West Bengal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mritunjay Kumar, Advocate
For the State : Mr.Nagendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 10-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of bail in connection with Thakurganj P.S.
Case No. 225 of 2023 registered for the offence under Section
21(b), 23(b), 29 of the NDPS Act.
3. Earlier the bail application of the petitioner has
been rejected vide order dated 10.07.2024 passed in Cr. Misc.
No. 47787 of 2024, which reads as under:
“Heard learned counsel for the
petitioner and learned APP for the State.
2. The petitioner seeks bail in
connection with Thakurganj P.S. Case No. 225
of 2023 giving rise to Special (NDPS) Case No.
05 of 2024 registered for the offence under
Section 21(b), 23(b), 29 of the NDPS Act.
3. 102 grams of Brown Sugar has
been recovered from the possession of the
Patna High Court CR. MISC. No.63790 of 2025(3) dt.10-02-2026
2/2
petitioner and he is in custody since
13.10.2023.
4. Considering the recovery of
intermediate quantity, this Court is not inclined
to grant bail to the petitioner for the present.
5. Accordingly, this application is
dismissed.
6. The Court below is directed to
expedite the trial of the petitioner and conclude
the same at the earliest.”
4. In the trial, out of five witnesses, three witnesses
have been examined.
5. Considering the gravity of the offence and the fact
that the trial has started, I am not inclined to review my earlier
order.
6. Accordingly, the application stands dismissed in
light of the judgment of the Hon’ble Supreme Court in the case
of ‘X vs. State of Rajasthan & Anr.’ reported in 2024 SCC
Online SC 3539.
(Sandeep Kumar, J)
P. Kumar
U T
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