Patna High Court
Raja Paswan @ Laddu PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, holding that the confessional statement of the co‑accused is inadmissible and there is insufficient material to justify denial of bail.
Summary
Raja Paswan was arrested in connection with a drug case (Sections 8 and 20(b)(ii)(c) of the NDPS Act) after a co‑accused, Md. Sirajuddin, claimed that 85 kg of ganja recovered from him was being transported to Paswan and another accused. Paswan contended that he was innocent, that no contraband was found on him, and that the co‑accused’s confessional statement should be inadmissible under the Supreme Court’s ruling in Tofan Singh v. State of Tamil Nadu. The State opposed bail, citing Paswan’s four prior criminal cases. The court, after considering the lack of direct recovery from Paswan and the precedent on confessional statements, ordered that Paswan be released on bail upon furnishing a Rs 10,000 bond with two sureties.
Issues considered
- Whether the confessional statement of a co‑accused is admissible in an NDPS case for granting bail
- Whether the petitioner’s prior criminal antecedents preclude bail under Sections 8 and 20(b)(ii)(c) of the NDPS Act
- Whether bail should be granted in the absence of any direct recovery from the petitioner
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(c), 8
Subjects
- bail
- NDPS Act
- confessional statement
- admissibility
- drug trafficking
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25664 of 2026
Arising Out of PS. Case No.-161 Year-2025 Thana- FULKAHA District- Araria
======================================================
Raja Paswan @ Laddu Paswan, Son of Fulchand Paswan @ Shiv Narayan
Paswan, Resident of - Nababganj Ward No. 09, P.S.- Phulkaha, District-
Araria, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
Mr. Saroj Kumar Choudhary, Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 01-05-2026 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 and 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 (petitioner) and Vivek Paswan.
4. Learned Senior counsel appearing on behalf of the
Patna High Court CR. MISC. No.25664 of 2026(2) dt.01-05-2026
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petitioner has submitted that petitioner is innocent and has
committed no offence. He has falsely been implicated in this
case. 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 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. It has also
been submitted that similarly situated co-accused Vivek Kumar
Paswan has been granted bail by this Court vide Cr. Misc. No.
20249 of 2026. Moreover, petitioner is in judicial custody since
24.01.2026.
5. The application for bail is opposed by learned APP
for the State and has submitted that petitioner is having criminal
antecedent of four cases.
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
Patna High Court CR. MISC. No.25664 of 2026(2) dt.01-05-2026
3/3
of the like amount each to the satisfaction of the court of learned
Special Judge, Araria in connection with Fulkaha P.S. Case
No.161 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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