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Patna High Court

Firoz Khan @ SonuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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:
             Patna High Court CR. MISC. No.16520 of 2026(2) dt.11-03-2026
                                                         3/3




                                     (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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