Patna High Court
Saurav KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, holding that the co‑accused’s statement does not suffice to deny bail and that the petitioner’s circumstances merit release on bond.
Summary
The petitioner, Saurav Kumar, was charged under Sections 20(b)(ii)(C), 22, 27(A) and 29 of the NDPS Act for allegedly being involved in the recovery of 116.640 kg of ganja from a van. He contended that the narcotics were seized from a co-accused, Rishav Kumar, and that no contraband was found on his person, asserting his innocence and lack of prior criminal record. The petitioner relied on the Supreme Court’s decision in Toofan Singh v. State of Tamil Nadu, arguing that a co‑accused’s statement under the NDPS Act cannot be used to incriminate another accused. The State opposed the bail application, citing the seriousness of the offence. The Patna High Court, after considering the facts and the precedent, granted regular bail on a bond of Rs.10,000 with two sureties, directing the petitioner’s release.
Issues considered
- Whether the petitioner is entitled to regular bail under the NDPS Act despite the large quantity of narcotics involved.
- Whether a co‑accused’s statement can be used as evidence to implicate the petitioner.
- Whether the petitioner’s lack of prior criminal record and the circumstances warrant the grant of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(C), 22, 27(A), 29
Subjects
- NDPS Act
- regular bail
- co‑accused statement
- drug trafficking
- evidentiary value
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11584 of 2026
Arising Out of PS. Case No.-89 Year-2025 Thana- Bajitpur District- Darbhanga
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Saurav Kumar son of Bhola Singh resident of village Bachha (NOMA) P.S.
Halsi District Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Saurav Anand, Advocate
For the Opposite Party/s : Mr.Nirmal Kumar Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 10-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 20 (b) (ii)
( C ), 22, 27 (A) and 29 of the NDPS Act.
3. The prosecution case, in brief, is that a total
quantity of 116.640 kg of ganja, a contraband substance, was
allegedly recovered from a van.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that no
contraband has been recovered from the possession of the
petitioner. It is contended that the recovery was made from the
possession of one Rishav Kumar, and the name of the present
petitioner has surfaced only in the statement of the said co-
Patna High Court CR. MISC. No.11584 of 2026(2) dt.10-03-2026
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accused.
5. It is further submitted that, in view of the judgment
of the Hon’ble Supreme Court in Toofan Singh v. State of
Tamil Nadu, the statement of a co-accused recorded under the
NDPS Act has no evidentiary value for the purpose of
implicating another accused. It is further submitted that the
petitioner has been in judicial custody since 15.12.2025 and has
no criminal antecedent.
6. Learned A.P.P. has vehemently opposed the prayer
for bail.
7. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with PTN (Special Case No. 2351 of 2025
arising out of Bajitpur P.S. Case No. 89 of 2025 on furnishing
bail bond of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of learned Sessions Judge
cum Special Judge (NDPS Act), Darbhanga.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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