Patna High Court
Vivek Kumar Paswan @ Vivek PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(c), 8
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
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