Patna High Court
Sanjay PoddarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8(c)
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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