Md. Hasim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33256 of 2026 Arising Out of PS. Case No.-88 Year-2026 Thana- PURNEA SADAR District- Purnia ====================================================== Md. Hasim Son of Feku Alam @ Md. Feku Alam @ Felu Alam Resident of 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 JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 14-05-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 8(c), 21(b) of the N.D.P.S. Act.
3. As per the prosecution case, it is alleged that 27.25 grams of Smack/Brown sugar was recovered from the possession of the petitioner.
4. Learned counsel for the petitioner submits that the alleged recovery has been shown in the dead of night at around 2:00 a.m. and the recovery has been shown from the pockets of the jeans and jacket of the petitioner and one another. It is further submitted that the mandatory provisions of
Patna High Court CR. MISC. No.33256 of 2026(2) dt.14-05-2026 2/3 search and seizure have not been followed and the recovered contraband is much less than commercial quantity and little over small quantity. It is further submitted that the similarly situated co-accused, namely, Feku Alam has been granted the privilege of bail by a Co-ordinate Bench of this Court vide order dated 12.05.2026 passed in Cr. Misc. No.32393 of 2026. This petitioner is in custody since 15.02.2026 and charge-sheet has been submitted.
5. Learned APP for the State has opposed the grant of bail on the ground that the petitioner has one criminal antecedent, however, in response it has been submitted that the same is not of similar nature and he is on bail in the same.
6. Taking into consideration the facts and circumstances of the case and also considering the fact that the seizure of contraband is much less than the commercial quantity and further considering the fact that the charge-sheet has also been submitted, coupled with the fact that similarly situated co-accused has already been granted the privilege of bail by a Co-ordinate Bench of this Court, let the above named petitioner, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge
Patna High Court CR. MISC. No.33256 of 2026(2) dt.14-05-2026 3/3 (NDPS Act), Purnea/concerned Court below in connection with Special (NDPS Act) Case No. 66 of 2026, arising out of Purnea Sadar P.S. Case No.88 of 2026, subject to further condition: i. One of the bailors would be the mother of the petitioner.
(Soni Shrivastava, J) anand/prachi/- U T