Firoz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27930 of 2025 Arising Out of PS. Case No.-17 Year-2025 Thana- MAHUAWA District- East Champaran ====================================================== Firoz Alam S/o Hamid Miyan @ Hamid Mohamad R/o Ward No.8, VillageHanuman Nagar, Post- Mahuawa, P.S.- Mahuawa, Parsa, P.O.- Chauradano, District- East Champaran, Bihar- 845302 ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ansul, Adv.

For the Opposite Party/s :

Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Mahuawa P.S. Case No. 17 of 2025 instituted for the offences under Sections 8, 20(b)(ii)(b), 23(b), 25 and 29 of the N.D.P.S. Act.

3. As per prosecution case, the police has recovered total 3.300 Kilogram Ganja from the dickey of the motorcycle bearing Regd. No. BR05-8026 which was being driven by the petitioner. The police has also seized Rs. 25,550/- Indian Currency and Rs. 620/- Nepali Currency from the petitioner.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.27930 of 2025(2) dt.12-05-2025 2/3 the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized contraband. The recovered contraband is below commercial quantity, and hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act. The petitioner has no criminal antecedent and is languishing in judicial custody since 21.02.2025 without any rhymes or reason.

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, clean antecedent as also 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.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.27930 of 2025(2) dt.12-05-2025 3/3 below/concerned Court in connection with Mahuawa P.S. Case No. 17 of 2025.

(Rudra Prakash Mishra, J) rishi/- U T