Patna High Court
Firoz Khan @ SonuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Firoz Khan was arrested in connection with a case under Sections 8 and 20(b)(ii)(B) of the NDPS Act, where 8.250 kg of ganja and 6.200 kg of bhang were seized. The petitioner claimed innocence, arguing that no incriminating material was found on his person and that the seized quantity was below the commercial threshold, making Section 37 inapplicable. He also highlighted that a co‑accused had already been granted bail and that the State had not complied with Sections 42 and 50 of the NDPS Act. Despite six prior criminal antecedents, the court considered the facts, the low quantity of drugs, and the period of custody, and decided to grant bail. Bail was ordered on a bond of Rs.15,000 with two sureties and subject to conditions regarding family surety, court appearances, non‑tampering with evidence, and refraining from similar offences.
Issues considered
- Whether bail can be granted in an NDPS case where the seized narcotic quantity is below commercial quantity.
- Whether Section 37 of the NDPS Act applies to the present case.
- Impact of non‑compliance with Sections 42 and 50 of the NDPS Act on bail eligibility.
- Effect of the petitioner’s prior criminal antecedents on the grant of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(B), 37, 42, 50, 8
Subjects
- NDPS Act
- bail
- narcotics
- commercial quantity
- Section 37
- Section 42
- Section 50
- criminal antecedents
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16520 of 2026
Arising Out of PS. Case No.-452 Year-2025 Thana- KOTWALI District- Patna
======================================================
Firoz Khan @ Sonu S/o- Late Shamim Khan Village- Royal Shoe House
Belwarganj Pachim Darwaza, PS- Alamganj, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandra Kishore Kumar, Advocate
For the Opposite Party/s : Mr. Vinod Shanker Modi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 11-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Kotwali
P.S. Case No. 452 of 2025, instituted for the offences punishable
under Sections 8, 20(b)(ii)(B) of the NDPS Act.
3. Prosecution allegation, in short, is that total 8.250
Kg of Ganja has been recovered from the possession of
petitioner along with other co-accused persons. It is further
alleged that 6.200 Kg Bhaang has also been recovered from the
thela.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.16520 of 2026(2) dt.11-03-2026
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the conscious possession of the petitioner. Learned counsel for
the petitioner also submitted that the petitioner has got no
concern either with the alleged recovery of Ganja or Bhaang.
The recovered contraband is below the commercial quantity.
Hence, Section 37 of the N.D.P.S. Act is not applicable in the
present case. The petitioner is in custody since 06.08.2025 and
has got six criminal antecedents. There is no compliance of
Sections 42 and 50 of the N.D.P.S. Act. Learned counsel for the
petitioner further submitted that other co-accused has been
granted regular bail by this Court vide order dated 20.02.2026
passed in Cr. Misc. No. 88472 of 2025.
5. Learned A.P.P. 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, the recovered contraband being below the
commercial quantity 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 Kotwali P.S. Case
No. 452 of 2025, subject to the following conditions:
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(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial and shall not remain absent on two consecutive
dates without sufficient cause.
(III) The petitioner will not tamper with the evidence
or the witnesses during the trial.
(IV) Petitioner shall not commit offence of similar
nature in future.
If any of the above conditions are violated, the Trial
Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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