Patna High Court
Narendra Kumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- S B P SINGH
Holding
The court held that, in the absence of direct evidence and given the prolonged pre‑trial custody, the petitioner is entitled to bail despite the seriousness of the NDPS charges.
Summary
The petitioner, Narendra Kumar Sah, applied for regular bail in a case under the NDPS Act where 57.88 kg of narcotics were seized from a vehicle allegedly driven by him. The prosecution’s case relied mainly on a confessional statement of a co‑accused, which the petitioner’s counsel argued has no evidentiary value under Section 25 of the Indian Evidence Act. The petitioner contended that he was neither the owner nor the driver of the vehicle, was not named in the FIR, and had been in judicial custody since September 2025 without any direct evidence against him. The State opposed the bail, citing the seriousness of the offences under Sections 20(b)(ii)(C), 23(C), 25 and 29 of the NDPS Act. Considering the lack of direct evidence, the prolonged pre‑trial detention, and the statutory limitation on confessional statements, the court ordered the petitioner’s release on bail with a bond of Rs 10,000 and two sureties, subject to conditions of physical presence at trial and a family member as bailor.
Issues considered
- Whether bail can be granted in NDPS offences when the prosecution’s case is based solely on a co‑accused’s confessional statement.
- Whether a confessional statement of a co‑accused is admissible for bail considerations under Section 25 of the Indian Evidence Act.
- Whether prolonged pre‑trial detention without direct evidence justifies the grant of bail.
Legislation cited
- Indian Evidence Act, 1872 — s. 25
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(C), 23(C), 25, 29
Subjects
- bail
- NDPS Act
- narcotics trafficking
- confessional statement
- Indian Evidence Act
- pre‑trial detention
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1190 of 2026
Arising Out of PS. Case No.-65 Year-2025 Thana- INARWA District- West Champaran
======================================================
Narendra Kumar Sah Son of Tejlal Sah @ Tejlal Resident of Village-
Khamhiya, P.S.- Inarwa, District- West Champaran, Bettiah ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhananjay Kumar
For the Opposite Party/s : Mr. Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has preferred this application for grant
of regular bail in connection with Inarwa P.S. Case No. 35 of 2025
registered for the offences punishable under Sections 20(b)(ii)(C),
23(C), 25 and 29 of NDPS Act.
3. As per the prosecution story, the informant has
alleged that a secret information was received that Narendra
Kumar Sah (petitioner), was bringing narcotic substances (ganja)
from Nepal in a white coloured Bolero vehicle bearing
Registration No. BR-09H-0761. At around 14:15 hours, a white
coloured Bolero vehicle was seen approaching at a high speed
from the Nepal side. On suspicion, the vehicle was signaled to
stop. Upon seeing the police force, the driver of the vehicle
jumped out and fled towards the Nepal border. Despite attempts by
the police force, he managed to escape due to the proximity of the
Patna High Court CR. MISC. No.1190 of 2026(2) dt.15-01-2026
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international border. However, one person seated on the front seat
of the vehicle was apprehended with the help of the accompanying
armed forces. During search, two black plastic bags and two white
plastic bags containing narcotic substances were recovered from
the basement, under the front seat, middle seat, and rear seat of the
vehicle. The total weight of the seized narcotic substance was
57.880 kg.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in the
present case. The petitioner is not named in the F.I.R.; rather, his
name has surfaced solely on the basis of the alleged confessional
statement of the co-accused, namely Dharamraj Kumar, made
before the police, who claimed that the petitioner was the driver of
the alleged vehicle and had fled from the spot. It is further
submitted that the petitioner is neither the owner nor the driver of
the alleged vehicle, and he has been arraigned as an accused int his
case merely on the basis of suspicion and on the confessional
statement of the co-accused, which has no evidentiary value in the
eye of law in view of Section 25 of the Indian Evidence Act.
Learned counsel contends that the petitioner has no connection
with the alleged occurrence and was not even present at the place
of occurrence at the relevant time. Learned counsel further submits
that the petitioner has been in judicial custody since 12.09.2025,
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and charge has already been framed on 03.12.2025. In view of the
completion of investigation, absence of direct evidence, and
prolonged incarceration, further detention of the petitioner serves
no useful purpose.
5. Learned A.P.P. appearing on behalf of the State has
vehemently opposed the prayer for bail of the petitioner.
6. Keeping in view the aforesaid facts and considering
the period under custody, let the petitioner, above named, 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 Exclusive Special Judge (NDPS), West
Champaran at Bettiah in connection with Inarwa P.S. Case No. 35
of 2025 subject to the following conditions :-
(i). Petitioner will remain physically present in trial on
each and every date till the disposal of the case failing which, on
two consecutive dates without reasonable cause, the bail bond of
the petitioner may be cancelled by the Trial Court.
(ii). One of the bailor shall be his family member.
(S. B. Pd. Singh, J)
Ankit Kumar/-
U T
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