Patna High Court
Awadhesh Ray @ Awadh RayversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted anticipatory bail to the petitioner subject to specified conditions.
Summary
Awadhesh Ray applied for anticipatory bail fearing arrest in a case (PS Rajepur Case No. 275 of 2025) under Sections 8, 20(b)(ii)(c) and 25 of the NDPS Act, where 28.536 kg of ganja was seized from co‑accused Ramu Rai. The petitioner claimed innocence, arguing that no contraband was found in his possession and that his name was linked only through the confessional statement of the co‑accused, which he contended is not a valid material under the Supreme Court’s decision in Toofan Singh v. State of Tamil Nadu. The State opposed the bail, asserting the seriousness of the offence. The Court examined the relevance of the co‑accused’s confession and the statutory provisions governing anticipatory bail. Finding that the petitioner’s alleged involvement was not substantiated by direct evidence, the Court granted anticipatory bail subject to surrender, a bail bond of Rs. 10,000 with two sureties, and compliance with conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the NDPS Act.
- Whether a confessional statement of a co‑accused is admissible as material for granting bail in NDPS cases.
- Whether the precedent set in Toofan Singh v. State of Tamil Nadu applies to the present matter.
Legislation cited
- Bihar Narcotic and Psychotropic Substances (Control) Act — s. 482(2)
- Criminal Procedure Code — s. 438(2)
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(c), 25, 8
Subjects
- anticipatory bail
- NDPS Act
- confessional statement
- co‑accused
- Section 438 CrPC
- Section 482 BNSS
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24873 of 2026
Arising Out of PS. Case No.-275 Year-2025 Thana- RAJEPUR District- East Champaran
======================================================
Awadhesh Ray @ Awadh Ray S/o Mahendra Ray R/o Village- Naraha Chandi
Dhab, PS- Rajepur, Distt- East Champaran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Usha Kumari, Advocate
For the Opposite Party/s : Mr.Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 15-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The instant application for anticipatory bail has
been filed by the petitioner apprehending his arrest in
connection with Rajepur P.S. Case no. 275 of 2025 instituted for
the offence under Sections 8, 20 (b) (ii) (c) and 25 of the
NDPS Act.
3. The case of the prosecution is that altogether
28.536 K.G. Ganja like contraband was recovered from the
possession of Ramu Rai.
4. Learned counsel for the petitioners has submitted
that petitioners are innocent and have falsely been implicated in
connection with the present case. It is further submitted that
nothing has been recovered from the conscious possession of
this petitioner. The name of the petitioner has surfaced on the
Patna High Court CR. MISC. No.24873 of 2026(2) dt.15-05-2026
2/2
basis of the confessional statement of co-accused, namely,
Ramu Rai. It is further submitted that the Hon’Ble Apex Court
has held in the case of Toofan Singh Vs. State of Tamil Naidu
that confessional statement of co-accused is not a legal material
even in the case of the NDPS Act.
5. Learned APP appearing for the State opposed the
prayer of bail of the petitioner.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this
Court is inclined to enlarge the petitioner on bail. The petitioner
is directed to surrender in the Court below within a period of
four weeks from today and in the event of his arrest or surrender
in connection with Rajepur P.S. Case no. 275 of 2025, he will be
enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees
ten thousand) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Judge Court No. 1,
NDPS, Motihari, East Champaran, subject to the conditions as
laid down under section 438(2) of the Cr.P.C/ Section 482 (2) of
the BNSS.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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