Rahul Sah Runiyar Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2025)

Rahul Sah Runiyar Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2025)

What the court decided

AI extract

Outcome

Petitioner released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge (NDPS Act), Sitamarhi, subject to conditions of cooperation in the trial and appearance on each and every date fixed, failing which on two consecutive dates the court below may cancel the bail bond.

Issue for consideration

Whether the petitioner, whose earlier regular bail petition was rejected on 03.07.2024, should now be released on bail on the ground of the snail pace of the trial, the alleged recovery of ganja less than the commercial quantity, and the non-appearance of witnesses since 11.07.2024 while he remains in custody since 07.03.2024.

Court's answer

Considering the facts and circumstances (snail pace of trial, recovery below commercial quantity, no witnesses since 11.07.2024, custody since 07.03.2024), the petitioner is to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge (NDPS Act), Sitamarhi, subject to cooperation in the disposal of the trial.

Ratio / Principle

Condition of bail: the petitioner shall cooperate in the disposal of the trial and make himself available on each and every date fixed at the trial; if he fails to appear on two consecutive dates unless prevented by extremely adverse circumstances, the court below shall be at liberty to cancel his bail bond.

Detailed headnote1 paragraphs

Bail - Renewal of bail prayer after earlier rejection (order dated 03.07.2024 in Cr. Misc. No. 44552 of 2024) - Grounds: snail pace of trial, quantity of ganja alleged to have been recovered less than commercial quantity, no witness turned up since 11.07.2024, petitioner in custody since 07.03.2024 - Held: petitioner released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge (NDPS Act), Sitamarhi in Baijpatti P.S. Case No. 60 of 2024 - Condition: petitioner to cooperate in trial and appear on each and every date fixed; failure to appear on two consecutive dates unless prevented by extremely adverse circumstances entitles the court below to cancel the bail bond.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7604 of 2025

Arising Out of PS. Case No.-60 Year-2024 Thana- BAJPATTI District- Sitamarhi

======================================================

Rahul Sah Runiyar son of Shambhu Sah village- Palka sonwa (sonama), Ward no. 6, Ps- Gausala ( Samsi Op),Dist- Mhotari (mhtari), Nepal

... ... Petitioner/s

Versus

The State of Bihar

===================	===================	... ... Opposite Party/s ================
Appearance :
For the Petitioner/s :	Mr.Madhubala Verma
For the Opposite Party/s : ===================	Mr.Rajendra Nath Jha ===================	================

CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

3 20-06-2025

Heard the learned counsel for the petitioner as well

as the learned APP for the State.

Earlier, the regular bail petition of the petitioner

was rejected by this Court vide order dated 03.07.2024 in Cr. Misc. No. 44552 of 2024, but he is renewing the prayer for bail on the ground of snail pace of the trial. He has further submitted that the quantity of ganja alleged to have been recovered from the possession of the petitioner is less than the commercial quantity and since 11.07.2024, no witness has turned up before the court below. The petitioner is under custody since 07.03.2024.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like

Patna High Court CR. MISC. No.7604 of 2025(3) dt.20-06-2025 2/2

amount each to the satisfaction of learned Sessions Judge-cumSpecial Judge (NDPS Act), Sitamarhi in connection with Baijpatti P.S. Case No. 60 of 2024, subject to the following condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

The petitioner shall cooperate in the disposal of trial and make himself available on each and every date fixed at the trial, and if he fails to appear on two consecutive dates unless he is prevented by extremely adverse circumstances, the court below shall be at liberty to cancel his bail bond.

(Nawneet Kumar Pandey, J)

Nirmal/- U T