Created by Fuzzy Cloud

Patna High Court

Vivek Kumar Paswan @ Vivek PaswanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the co‑accused’s confessional statement is inadmissible in NDPS proceedings and, on that basis, granted bail to the petitioner.

Summary

Vivek Kumar Paswan was charged under Sections 8 and 20(b)(ii)(c) of the NDPS Act for allegedly transporting 85 kg of ganja that was recovered from co‑accused Md. Sirajuddin, who claimed the contraband belonged to Babul Yadav and was meant for Raja Paswan and the petitioner. The petitioner’s name appeared only in Sirajuddin’s confessional statement, and no narcotics were recovered from his possession. The petitioner, who has no prior criminal record and has been in judicial custody since 18‑12‑2025, applied for bail. The State opposed the bail, relying on the co‑accused’s confession. The court noted the Supreme Court’s decision in Tofan Singh v. State of Tamil Nadu that confessional statements made to police are inadmissible in NDPS cases, and observed the lack of any material seized from the petitioner. Considering these factors, the court granted bail on a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether a confessional statement made to police by a co‑accused is admissible in an NDPS case
  • Whether bail can be granted to an accused under Sections 8 and 20(b)(ii)(c) of the NDPS Act when no narcotics have been recovered from his possession

Legislation cited

Subjects

  • NDPS Act
  • bail
  • confessional statement
  • admissibility
  • drug trafficking
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20249 of 2026
                       Arising Out of PS. Case No.-161 Year-2025 Thana- FULKAHA District- Araria
                 ======================================================
                 Vivek Kumar Paswan @ Vivek Paswan S/o Fulchand Paswan R/o -
                 Nababganj, P.S - Phulkaha, District – Araria        ... ... Petitioner/s
                                                     Versus
                 The State of Bihar                           ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. N.K. Agrawal, Sr. Advocate
                                                  Mr. Kumar Rajdeep, Advocate
                 For the Opposite Party/s :       Mr. Awadhesh Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   31-03-2026                   Heard learned Senior counsel for the petitioner and

                   learned APP for the State.

                                 2. The petitioner has prayed for bail in connection

                   with Fulkaha P.S. Case No.161 of 2025 registered for the

                   offence punishable under Sections 8, 20(b)(ii)(c) of the NDPS

                   Act.

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

                   one Md. Sirajuddin altogether 85 kg of ganja like contraband

                   was recovered. On being further asked, Sirajuddin disclosed that

                   this contraband belongs to one Babul Yadav and was being

                   transported to Raja Paswan and Vivek Paswan (petitioner).

                                 4. Learned Senior counsel appearing on behalf of the

                   petitioner has submitted that the name of this petitioner has

                   appeared in the confessional statement of co-accused Md.

                   Sirajuddin. In view of the judgment of the Hon’ble Supreme
            Patna High Court CR. MISC. No.20249 of 2026(2) dt.31-03-2026
                                                        2/2




                      Court in the case of Tofan Singh vs. State of Tamil Nadu,

                      confessional statement before police even in NDPS case is not

                      admissible. It has further been submitted that nothing has been

                      recovered from the possession of the petitioner. Recovery, if

                      any, has been made from the possession of co-accused Md.

                      Sirajuddin. Learned Senior counsel for the petitioner has lastly

                      submitted that the petitioner is having no criminal antecedent

                      and he is in judicial custody since 18.12.2025.

                                   5. The application for bail is opposed by learned APP

                      for the State.

                                   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

                      Special Judge/concerned court, Araria in connection with

                      Fulkaha P.S. Case No.161 of 2025.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.