Firoz Aalam Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2025)

Firoz Aalam Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2025)

What the court decided

AI extract

Outcome

Modification allowed of the order dated 17.09.2025 in Cr. Misc. No. 67305 of 2025: para 6 corrected to record that the petitioner has one criminal antecedent; corrected paras 6 and 16 substituted, whereby the petition is allowed and the petitioner is to be enlarged on bail in the event of arrest or surrender within eight weeks on a Rs. 10,000/- bond with two sureties of the like amount each, subject to Section 482 (2) BNSS conditions and two bond-cancellation conditions; this order declared an integral part of the earlier order.

Issue for consideration

Whether the order dated 17.09.2025 in Cr. Misc. No. 67305 of 2025 should stand corrected to reflect that the petition was one for anticipatory bail, having been inadvertently typed as a regular bail petition with regular-bail conditions. +1 more

Court's answer

All the inadvertent mistakes in the order dated 17.09.2025 passed in Cr. Misc. No. 67305 of 2025 (including the typing of the anticipatory bail petition as a regular bail petition) are corrected, and the corrected para numbers of that order are to be read as substituted.

Ratio / Principle

Para No. 6 of the order dated 17.09.2025 passed in Cr. Misc. No. 67305 of 2025 is modified to the extent that the petitioner has one criminal antecedent (Narpatganj P.S. Case No. 97 of 2023), replacing the earlier recording of no criminal antecedent.

Key takeaways

By the substituted para 16, the bail petition is allowed and the petitioner is directed to be enlarged on bail in the event of his arrest or surrender before the court below within a period of eight weeks, on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned I/c Special Judge, NDPS Act, Araria / concerned court below, in connection with Basmatiya P.S. Case No. 18 of 2025, subject to the conditions laid down under Section 482 (2) of the B.N.S.S., 2023 and further conditions.ratio¶21
Condition imposed: if it is brought to the notice of the court below that the petitioner has any criminal antecedents other than the disclosed one, the court below shall cancel the petitioner's bail bonds after hearing him, on being satisfied that he concealed those antecedents despite knowledge of them.ratio¶25

Detailed headnote1 paragraphs

Patna High Court (Jitendra Kumar, J.), by order dated 08-12-2025 in Cr. Misc. No. 83817 of 2025, allowed a modification application against its own order dated 17.09.2025 passed in Cr. Misc. No. 67305 of 2025, which arose out of Basmatia P.S. Case No. 18 of 2025, District Araria. The Court recorded that the petition, though filed for anticipatory bail, had been inadvertently typed as a regular bail petition with regular-bail conditions, and that the earlier order wrongly showed the petitioner as having no criminal antecedent. Para 6 was modified to record one criminal antecedent, namely Narpatganj P.S. Case No. 97 of 2023 in which the petitioner is already on bail; Veerpur P.S. Case No. 86 of 2024 was not counted, the petitioner being neither named in the FIR nor charge-sheeted therein. Substituted para 16 directs enlargement on bail in the event of arrest or surrender within eight weeks on a Rs. 10,000/- bond with two like sureties to the satisfaction of the I/c Special Judge, NDPS Act, Araria, subject to Section 482(2) B.N.S.S., 2023 and two conditions permitting cancellation of bonds for undisclosed antecedents or a wrong statement in the previous bail petition. The modification order is an integral part of the order dated 17.09.2025.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.83817 of 2025

In

CRIMINAL MISCELLANEOUS No.67305 of 2025

Arising Out of PS. Case No.-18 Year-2025 Thana- Basmatia District- Araria

======================================================

Firoz Aalam Son of Abdul Haque Resident of village- Tinkambha W. no. 01, Bela PS- Basmatiya Dist -Araria

... ... Petitioner/s

Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Nikita Mittal, Advocate Mr. Rajesh Roy, Advocate For the State : Mrs. Suman Kumari Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

2 08-12-2025

The present modification application has been

preferred by the petitioner for modification of the order dated 17.09.2025, passed by this Court in Cr. Misc. No. 67305 of 2025.

It is brought to the notice of this Court that Cr. Misc. No. 67305 of 2025 was filed for anticipatory bail. However, inadvertently, it has been typed as regular bail and conditions imposed by this Court was also those of regular bail.

Learned counsel for the petitioner also submits that on account of ignorance of the petitioner about his criminal antecedent, he could not mention in his bail petition i.e. Cr. Misc. No. 67305 of 2025 regarding his criminal antecedent and hence, as per order dated 17.09.2025, it is mentioned that

Patna High Court CR. MISC. No.83817 of 2025(2) dt.08-12-2025 2/3

petitioner has no criminal antecedent, whereas petitioner came to know that one Narpatganj P.S. Case No. 97 of 2023 is also registered against him in which he is already on bail. As such, he has one criminal antecedent.

Learned counsel for the petitioner also mentioned that in Veerpur P.S. Case No. 86 of 2024, the petitioner is neither named in the FIR, nor charge-sheet has been submitted against him. Hence, the petitioner has one criminal antecedent by way of Narpatganj P.S. Case No. 97 of 2023.

As such, para No. 6 of the order dated 17.09.2025 passed in Cr. Misc. No. 67305 of 2025 is modified to the extent that petitioner has one criminal antecedent.

Accordingly, all the aforesaid inadvertent mistakes are corrected and corrected para numbers of order dated 17.09.2025 passed in Cr. Misc. No. 67305 of 2025 be read as follows:

“ 6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has one criminal antecedent.

16. Accordingly, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten

Patna High Court CR. MISC. No.83817 of 2025(2) dt.08-12-2025

3/3

Thousand) with two sureties of the like amount each to the satisfaction of learned I/c Special Judge, NDPS Act, Araria/concerned Court below, in connection with Basmatiya P.S. Case No. 18 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents other than the disclosed one, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner.”

This order would be the integral part of the order dated 17.09.2025 passed in Cr. Misc. No. 67305 of 2025.

(Jitendra Kumar, J.)

ravishankar/- U T