Patna High Court
Vishal Mandal @ Vishal Kumar Mandal @ Vishal Ku. MandalversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Narcotic Substances Act — s. 111
- Narcotic Drugs and Psychotropic Substances Act — s. 21(b), 25, 29, 8(c)
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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