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Patna High Court

Sanjay PoddarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner.

Summary

The petitioner, Sanjay Poddar, sought bail in a case registered under Sections 8(c) and 21(b) of the NDPS Act, where 25.69 g of contraband was recovered from co‑accused Md. Maksood. The petitioner claimed innocence, asserting that the co‑accused’s statement that the drugs were to be sold to him was inadmissible under the Supreme Court’s decision in Tofan Singh v. State of Tamil Nadu and that no narcotics were found in his possession. The State opposed the bail. The Court, after considering the lack of direct recovery from the petitioner, the inadmissibility of the co‑accused’s statement, and the fact that the co‑accused had already been granted bail, ordered the petitioner to be released on bail upon furnishing a bond of Rs 10,000 with two sureties of the same amount.

Issues considered

  • Whether bail should be granted to the petitioner under Sections 8(c) and 21(b) of the NDPS Act.
  • Whether the co‑accused’s statement implicating the petitioner is admissible in NDPS proceedings.
  • Whether the grant of bail to the co‑accused influences the petitioner’s bail application.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • Section 8(c)
  • Section 21(b)
  • co‑accused statement
  • admissibility
  • drug offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19523 of 2026
                 Arising Out of PS. Case No.-293 Year-2025 Thana- KATIHAR MUFFASIL District- Katihar
                 ======================================================
                 Sanjay Poddar Son of Late Barun Poddar @ Vikram Poddar R/o Kadampur,
                 Anandnagar, Ward no. 45, P.S. - Nagar, Distt. - Katihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sanjeev Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr.Renuka Ratnakar APP 125
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   08-05-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection with

                   Muffasil P.S. Case No.293 of 2025 registered for the offence

                   punishable under Sections 8(c) & 21(b) of the NDPS Act.

                                3. The case of the prosecution, in short, is that form the

                   possession of one Md. Maksood, altogether 25.69 gm of smack

                   like contraband was recovered.

                                4. Learned counsel appearing on behalf of the petitioner

                   has submitted that petitioner is innocent and has committed no

                   offence. He has falsely been implicated in this case. It has further

                   been submitted that apprehended accused Md. Maksood Alam has

                   disclosed that he was going to sell the said contraband to the

                   petitioner. Nothing has been recovered from the possession of this
             Patna High Court CR. MISC. No.19523 of 2026(3) dt.08-05-2026
                                                         2/2




                       petitioner. Recovery, if any, has been made from the co-accused

                       who has disclosed the name of this petitioner. It has further been

                       submitted that the statement of the co-accused made before the

                       police even in the NDPS cases is not admissible in view of the

                       judgment of the Hon’ble Apex Court in the case of Tofan Singh

                       Vs. State of Tamil Nadu. It has further submitted that co-accused

                       Md. Maksood has already been granted bail by this Court vide Cr.

                       Misc. No. 23094 of 2026. Moreover, petitioner is in judicial

                       custody since 05.01.2026.

                                    5. Learned APP for the State has vehemently opposed

                       the application for bail.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this Court is

                       inclined to enlarge the petitioner on bail. The above named

                       petitioner is directed to be enlarged on bail on furnishing bail bond

                       of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the

                       like amount each to the satisfaction of the court of learned

                       Principal District & Sessions Judge, Katihar in connection with

                       Muffasil P.S. Case No.293 of 2025.


                                                       (Ashok Kumar Pandey, J)

lata/-
U        T


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