Patna High Court
Feku Alam @ Md. Feku Alam @ Felu AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner on a bond of Rs 10,000 with two sureties, subject to conditions under Section 480(3) of the BNSS.
Summary
The petitioner, Feku Alam, was arrested along with a co‑accused for alleged possession of cannabis (smack) under Sections 8(c) and 21(b) of the NDPS Act. The prosecution claimed that a co‑accused disclosed the petitioner’s involvement and that a raid recovered 27.25 g and 24.78 g of the drug from the petitioner’s and co‑accused’s premises. The petitioner’s counsel argued that the seizure was illegal, the quantity was below commercial levels, and the petitioner had a clean record, seeking bail. The State opposed the bail on the ground of the alleged offence. Considering the small quantity seized, the petitioner’s custody since February, and the filing of a charge‑sheet, the court ordered bail on a bond of Rs 10,000 with two sureties and specific conditions. The bail was granted subject to compliance with Section 480(3) of the BNSS and the stipulated conditions.
Issues considered
- Whether bail should be granted to the accused under the NDPS Act given the quantity of narcotic seized.
- Whether the seizure and search were conducted in accordance with statutory provisions.
- Whether the period of custody and filing of charge‑sheet justify bail.
Legislation cited
- BNSS — s. 480(3)
- Narcotic Drugs and Psychotropic Substances Act — s. 21(b), 8(c)
Subjects
- bail
- NDPS Act
- drug possession
- search and seizure
- quantity of narcotics
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32393 of 2026
Arising Out of PS. Case No.-88 Year-2026 Thana- PURNEA SADAR District- Purnia
======================================================
Feku Alam @ Md. Feku Alam @ Felu Alam S/o Late Ashraf Ali R/o Village -
Kabristan Tola, Ziromile, P.S - Sadar, District - Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dheeraj Kumar, Advocate
For the Opposite Party/s : Mr.Anil Kumar Singh No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 12-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Purnea Sadar P.S. Case No. 88 of 2026
registered for the alleged offences under Sections 8(c), 21(b) of
N.D.P.S. Act.
03. As per prosecution case, co-accused Sohil Rishi
was apprehended with 0.34 gram of smack and he disclosed the
name of this petitioner and co-accused Md. Hasim from whom
he procured the smack. A raid was conducted at the house of the
petitioner and recovery of 27.25 and 24.78 grams of smack,
respectively, was made from the petitioner and co-accused Md.
Hasim.
04. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.32393 of 2026(2) dt.12-05-2026
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petitioner is innocent and has been falsely implicated in this
case. The prosecution story is quite strange as in the dead of
night at around 02:00 am, the petitioner and co-accused were
apprehended and recovery has been shown from pockets of their
jeans and jacket. Learned counsel further submits that search
and seizure has been made in contravention of the statutory
provisions. Moreover, recovery of contraband is much less than
the commercial quantity though it is more than the notified
small quantity. The petitioner is having clean antecedent and is
in custody since 15.02.2026. Charge-sheet has been submitted.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
seizure of less than the commercial quantity of the contraband
and further considering the period of custody of petitioner along
with submission of charge-sheet, the petitioner above named is
directed to be released on bail on furnishing bail bonds of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Special Judge (NDPS Act),
Purnea in connection with Special (NDPS Act) Case No. 66 of
2026 arising out of Purnea Sadar P.S. Case No. 88 of 2026,
Patna High Court CR. MISC. No.32393 of 2026(2) dt.12-05-2026
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subject to the conditions mentioned in Section 480(3) of BNSS
and the following conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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