Patna High Court

Ashish Kumar @ Bablu Yadav @ Babul YadavversusThe State of Bihar

Decided: 2 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The petitioner is entitled to regular bail in the NDPS case.

Summary

Ashish Kumar was arrested in connection with an NDNDPS case where 85 kg of ganja was seized from co‑accused Md. Sirazuddin, who alleged the contraband belonged to the petitioner. The petitioner contended that he had no direct possession of the drugs and that the co‑accused’s confessional statement was inadmissible under the Supreme Court’s ruling in Toofan Singh v. State of Tamil Nadu. He also pointed out that a similarly situated co‑accused had already been released on bail. The State opposed bail, citing the seriousness of the offence and the petitioner’s three prior criminal cases. The Court, after considering the lack of material in the petitioner’s possession, the inadmissibility of the confession, and the principle of bail, ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties. The decision reflects the Court’s view that the petitioner’s circumstances did not warrant continued detention.

Issues considered

Whether a confessional statement of a co‑accused is admissible for bail considerations in NDPS cases
Whether the absence of direct possession of narcotics by the petitioner justifies granting bail
Whether prior criminal antecedents preclude bail in offences under the NDPS Act

Legislation cited

Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(c), 8

Subjects

NDPS Act
bail
confessional statement
drug trafficking
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20913 of 2026
                       Arising Out of PS. Case No.-161 Year-2025 Thana- FULKAHA District- Araria
                 ======================================================
                 Ashish Kumar @ Bablu Yadav @ Babul Yadav Son of Bhupendra Kumar
                 mandal Resident of Village - Ward no. 7 Nawabganj, Police Station - Fulka,
                 District - Araria.
                                                                           ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Mukesh Kumar Rana, Advocate
                 For the Opposite Party/s :       Mr.Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   02-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 8, 20 (b)

                   (ii) (c) of the NDPS Act.

                                3. The prosecution case, in brief, is that altogether 85

                   kgs of ‘ganja’ was recovered from the possession of one Md.

                   Sirazuddin. It is further alleged that, upon being questioned,

                   Md. Sirazuddin disclosed that the said contraband belonged to

                   the petitioner and was to be delivered to Raja Paswan and Vivek

                   Paswan.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in

                   connection with the present case. It is further submitted that
            Patna High Court CR. MISC. No.20913 of 2026(2) dt.02-04-2026
                                                        2/2




                      nothing has been recovered from the conscious possession of

                      the petitioner and that his name has surfaced only on the basis of

                      the confessional statement of co-accused Md. Sirazuddin. It is

                      further submitted that, in view of the judgment of the Hon’ble

                      Supreme Court in Toofan Singh v. State of Tamil Nadu, it is

                      well settled that a confessional statement recorded in N.D.P.S.

                      cases is not admissible in evidence. It is also submitted that the

                      petitioner is in custody since 22.01.2026, has criminal

                      antecedents of three cases, and that a similarly situated co-

                      accused has already been granted bail by this Hon’ble Court.

                                   5. Learned A.P.P. has vehemently opposed the prayer

                      for bail.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, this court is inclined to enlarge the petitioner on

                      bail. The above named petitioner is directed to be released on

                      bail in connection with Fulkaha P.S. Case No. 161 of 2025 on

                      furnishing bail bond of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      Sessions Judge cum Special Judge, NDPS Act, Araria.


                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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