Patna High Court
Aditya Kumar @ JohnsonversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, finding that the confessional statements of co‑accused are inadmissible and no contraband was recovered from him.
Summary
The Patna High Court considered a bail application filed by Aditya Kumar, who was implicated in an NDPS case (Sections 8(c), 21(b) and 29) after 51 grams of contraband were seized from co‑accused Nitish Kumar and Vishal Kumar. The petitioner argued that he was innocent and that his name only appeared in the confessional statements of the co‑accused, which, according to the Supreme Court’s decision in Tofan Singh v. State of Tamil Nadu, have no evidentiary value in NDPS matters. The State opposed bail, citing three prior criminal cases against the petitioner. After hearing both sides, the Court held that the lack of any material recovered from the petitioner and the inadmissibility of the co‑accused’s confessions warranted bail. Consequently, the Court ordered the petitioner’s release on a bail bond of Rs. 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail under the NDPS Act when the only link to the contraband is a confessional statement of co‑accused.
- Whether confessional statements of co‑accused have any legal value in NDPS cases as per Supreme Court precedent.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 29, 8(c)
Subjects
- bail
- NDPS Act
- confessional statement
- co‑accused
- prior criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28371 of 2026
Arising Out of PS. Case No.-76 Year-2026 Thana- PATNA CITY CHOWK District- Patna
======================================================
Aditya Kumar @ Johnson, S/o Ravindra Kumar, R/o Kaimashikoh, PS-
Chowk, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mithilesh Kumar Arya, Advocate
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 05-05-2026 Heard learned Senior counsel for the petitioner and
learned APP for the State.
2. The petitioner has prayed for bail in a case
registered for the offence punishable under Sections 8(c), 21(b)
and 29 of the NDPS Act.
3. The case of the prosecution, in short, is that from
the possession of Nitish Kumar and Vishal Kumar, altogether 51
grams of smack like contraband was recovered.
4. Learned Senior counsel appearing on behalf of the
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 surfaced in the
confessional statement of these two co-accused persons Nitish
and Vishal from whom the contraband was recovered. It has
further been submitted that nothing has been recovered from the
Patna High Court CR. MISC. No.28371 of 2026(2) dt.05-05-2026
2/2
possession of this petitioner. It has further been submitted that in
view of the judgment of the Hon’ble Supreme Court in the case
of Tofan Singh vs. State of Tamil Nadu, the confessional
statement of the co-accused even in the NDPS cases has got no
legal value. Petitioner is in judicial custody since 10.02.2026.
5. The application for bail is opposed by learned APP
for the State and has submitted that petitioner is having criminal
antecedent of three cases of different nature.
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
Sessions Judge/Special Judge (N.D.P.S.), Patna in connection
with Chowk P.S. Case No.76 of 2026.
(Ashok Kumar Pandey, J)
lata/-
U T
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