Patna High CourtCR. MISC./16520/2026bail granted

Firoz Khan @ Sonu v. The State Of Bihar

2026-03-11Mr. Justice R. P. Mishra3 pages

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 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