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Patna High Court

Vikash KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied anticipatory bail to the petitioner.

Summary

Vikash Kumar applied for anticipatory bail after a police case was registered for the alleged recovery of 53 kg of ganja from a Tata Sumo vehicle, with the vehicle and narcotics allegedly belonging to him. The prosecution’s case is based primarily on a confessional statement made by an apprehended accomplice, Jitendra, who named the petitioner as the owner of the seized narcotics and vehicle. The petitioner’s counsel argued that he has a clean record, was not present at the scene, did not have possession, and that a confessional statement made in police custody lacks evidentiary value. The State opposed bail, emphasizing the commercial quantity of the narcotics and the petitioner’s identification in the statement, asserting that the matter warrants full investigation. The High Court, after considering the submissions, declined to grant anticipatory bail, holding that the circumstances did not merit such relief.

Issues considered

  • Whether anticipatory bail can be granted when the only incriminating material is a confessional statement made by an accomplice in police custody.
  • Whether the mere mention of the petitioner’s name in a confessional statement suffices to deny anticipatory bail under the NDPS Act.

Legislation cited

Subjects

  • anticipatory bail
  • NDPS Act
  • confessional statement
  • commercial quantity
  • narcotics
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15555 of 2026
                     Arising Out of PS. Case No.-86 Year-2024 Thana- DUMARIAGHAT District- East
                                                       Champaran
                 ======================================================
                 Vikash Kumar S/o- Panalal sah R/v- Bijbani Ps- Jitna Dist- East Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sunil Kumar No.Iii
                 For the Opposite Party/s :      Mr.Abhay Kumar Roy
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   24-03-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in Dumariyaghat P. S. Case No.86 of 2024 registered

                   for the offences punishable under Sections 8, 20(b)(ii)(C),

                   25 of the NDPS Act.

                                3. The learned counsel for the petitioner submits

                   that the petitioner is a person with clean antecedent and

                   allegation is of recovery of 53 kg. of ganja from a Tata

                   Sumo vehicle and Jitendra was apprehended.

                                4. The learned counsel for the petitioner submits

                   that petitioner was not present at the place of occurrence, as

                   such, nothing was recovered from his conscious possession
Patna High Court CR. MISC. No.15555 of 2026(2) dt.24-03-2026
                                            2/3




          and his name transpired in the confessional statement of

          Jitendra, who disclosed that ganja and vehicle belongs to

          Vikash Kumar, mobile no.7485062825 and Rambabu Sah

          and they had asked him to deliver ganja to Rambabu Sah at

          Muhammadpur, Gopalganj. Further that earlier on their

          instruction, he had delivered ganja to Rambabu Sah at

          Muhammadpur.

                       5. The learned counsel for the petitioner submits

          that confessional statement in police custody, which does

          not have any evidentiary value and petitioner is not the

          owner of the seized vehicle.

                       6. Learned A.P.P. opposes the anticipatory bail

          application and submits that allegation is of recovery of

          commercial quantity of the ganja and the name of the

          petitioner transpired in the confessional statement of

          apprehended accused. It is fairly submitted that confessional

          statement does not have any evidentiary value, but then,

          since name of the petitioner has transpired in the case, the

          case requires to be investigated since huge quantity of

          narcotic is alleged to have been recovered.

                       7. Considering the submissions made by the
               Patna High Court CR. MISC. No.15555 of 2026(2) dt.24-03-2026
                                                           3/3




                         learned A.P.P., the Court is not inclined to extend the

                         privilege of anticipatory bail to the petitioner.

                                      8. The prayer of the petitioner for anticipatory bail

                         stands rejected.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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