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Patna High Court

Ram Rai @ Ram RayversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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