Firoz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32465 of 2026 Arising Out of PS. Case No.-24 Year-2026 Thana- Chitragupta Nagar District- Khagaria ====================================================== Firoz Alam S/o Late Niyaz Ahmad @ Late Niyaz Ahma R/o vill - Manorwa Khaira, P.S.- Bithan, Distt.- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar, Advocate For the Opposite Party/s :

Mr.Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 23-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Chitraguptnagar @ Chaitraghptanagar P.S. Case No. 24 of 2026 registered for the alleged offences under Section 111 of BNS and Sections 8(c)/21(B) of NDPS Act.

03. As per prosecution case, the petitioner along with co-accused was apprehended on information that they were carrying Heroin. From the possession of the petitioner, recovery of 100 gms of Heroin was made and from the co-accused, recovery of 30 gms of Heroin was made.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.32465 of 2026(4) dt.23-07-2026 2/3 case. Nothing incriminating has been recovered from the person or possession of the petitioner. The recovery of Heroin shown from the petitioner is much less than the commercial quantity though more than the small quantity. The weight of the Heroin was taken along with plastic in which it was kept and it could only be less than 100 gms. The petitioner is having clean antecedent and he is in custody since 08.02.2026. Charge sheet has been submitted.

05. Learned APP opposes the submission made on behalf of the petitioner. Learned APP submits that the petitioner was caught red handed carrying Heroin along with his associate and recovery of 130 gms of Heroin was made from both the accused persons.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the quantity of contraband and also considering the period of custody of the petitioner, his clean antecedent and 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, Khagaria/concerned Court in connection with NDPS Special Case

Patna High Court CR. MISC. No.32465 of 2026(4) dt.23-07-2026 3/3 No. 18 of 2026 arising out of Chitraguptnagar @ Chaitraghptanagar P.S. Case No. 24 of 2026, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also 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) DKS/- U T