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Patna High Court

Vishal Mandal @ Vishal Kumar Mandal @ Vishal Ku. MandalversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the petitioner is entitled to bail despite the co‑accused’s confessional statement and prior cases, subject to a bond of Rs 10,000 with two sureties.

Summary

The petitioner, Vishal Mandal, applied for bail in a case registered under Section 111 of the Bihar Narcotic Substances Act read with Sections 8(c), 21(b), 25 and 29 of the NDPS Act, where 198.96 g of brown sugar was seized. The prosecution relied on a confessional statement of a co‑accused who alleged that the petitioner supplied the contraband. The petitioner argued that such a statement is inadmissible for bail purposes, citing the Supreme Court’s decision in Tofan Singh v. State of Tamil Nadu, and highlighted that he has been in judicial custody since 6 March 2026. The State opposed bail, pointing to the petitioner’s four prior criminal cases. After hearing both sides, the court found that the confessional statement could not be used to deny bail and that the petitioner’s right to liberty outweighed the alleged risk, subject to reasonable conditions. Consequently, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs 10,000 with two sureties.

Issues considered

  • Whether a co‑accused’s confessional statement is admissible for bail considerations under the NDPS Act
  • Whether the petitioner is entitled to bail despite possession of brown sugar and prior criminal antecedents
  • Whether the bail bond amount and surety requirements are appropriate under the law

Legislation cited

Subjects

  • bail
  • NDPS Act
  • confessional statement
  • co‑accused
  • criminal antecedent
  • judicial custody
  • bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31690 of 2026
                        Arising Out of PS. Case No.-49 Year-2026 Thana- JOGBANI District- Araria
                 ======================================================
                 Vishal Mandal @ Vishal Kumar Mandal @ Vishal Ku. Mandal S/o Late Ram
                 Swarup Mandal @ Late Ram Shobhit Mandal R/o - Netaji Chowk, Jogbani,
                 PS. - Jogbani, Dist. - Araria.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vijay Kishore Bharti, Advocate
                 For the Opposite Party/s :       Mr. Mohammad Sufyan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   12-05-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Jogbani P.S. Case No. 49 of 2026 registered for the offence

                   punishable under Sections 111 of the BNS read with Sections

                   8(c)/ 21(b), 25 and 29 of the NDPS Act.

                                3. The case of the prosecution, in short, is that

                   altogether 198.96 gm of brown sugar was recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that the name of this petitioner has

                   surfaced      in    the    confessional        statement       of    co-accused

                   apprehended persons. It has further been submitted that the

                   apprehended persons have disclosed that they have purchased
            Patna High Court CR. MISC. No.31690 of 2026(2) dt.12-05-2026
                                                        2/2




                      the contraband from this petitioner. It has further been submitted

                      that the statement of the co-accused made before the police

                      even in the NDPS cases is not admissible in view of the

                      judgment of the Hon’ble Apex Court in the case of Tofan Singh

                      Vs. State of Tamil Nadu. Learned counsel for the petitioner has

                      lastly submitted that the petitioner is in judicial custody since

                      06.03.2026.

                                   5. The application for bail is opposed by learned APP

                      for the State. He has submitted that the 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

                      of the like amount each to the satisfaction of the court of learned

                      Sessions Judge- Cum the Special Judge NDPS Act, Araria in

                      connection with Jogbani P.S. Case No. 49 of 2026.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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