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Patna High Court

Mahendra Rai @ Mahendra KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner with specified conditions.

Summary

Mahendra Rai applied for bail in a Narcotic Drugs and Psychotropic Substances (NDPS) case (Sections 8(c) and 21(b)) where 12.65 g of smack was seized from co‑accused Shyambalak Kumar, who alleged in his confessional statement that he purchased the contraband from the petitioner. The petitioner contended that the co‑accused’s statement is inadmissible under the Supreme Court’s decision in Tofan Singh v. State of Tamil Nadu and that no narcotics were recovered from him, arguing that he was framed based solely on his antecedents. The State opposed bail, highlighting the petitioner’s four prior criminal cases. After hearing both sides, the Court held that bail could be granted, subject to conditions of cooperation, physical presence at trial, and non‑repetition of the offence, and ordered a bail bond of Rs 10,000 with two sureties.

Issues considered

  • Whether bail can be granted in an NDPS case when the only incriminating material is a co‑accused’s confessional statement.
  • Whether the co‑accused’s confessional statement is admissible under the precedent set by Tofan Singh v. State of Tamil Nadu.
  • Whether the petitioner’s criminal antecedents justify denial of bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • Section 8(c)
  • Section 21(b)
  • confessional statement
  • admissibility
  • criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36395 of 2026
                     Arising Out of PS. Case No.-413 Year-2025 Thana- RAJAPAKAR District- Vaishali
                 ======================================================
                 Mahendra Rai @ Mahendra Kumar S/O Bhukhal Rai Resident of Village
                 -Bidupur Dih, P.S- Bidupur, Dist- Vaishali
                                                                   ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anish Kumar, Advocate
                 For the Opposite Party/s :       Mr. Nitya Nand Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   15-06-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Rajapakar P.S. Case No.413 of 2025 registered for the

                   offence punishable under Sections 8(c) and 21(b) of the NDPS

                   Act.

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

                   the possession of one Shyambalak Kumar, altogether 12.65 gm

                   of smack 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 Shyambalak. It has

                   been submitted that Shyambalak has stated that he has

                   purchased the contraband from this petitioner. Learned counsel

                   for the petitioner has submitted that nothing has been recovered
Patna High Court CR. MISC. No.36395 of 2026(2) dt.15-06-2026
                                            2/3




          from the possession of 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. It has further been submitted that the

          petitioner has been framed in this case only on the basis of his

          antecedents. It has been submitted that the petitioner is in

          judicial custody since 12.03.2026.

                       5. The application for bail is opposed by learned APP

          for the State. It has been 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 with the following

          conditions:-

                       (i) the petitioner shall co-operate in the trial;

                       (ii) the petitioner shall remain physically present on

          each and every date;

                       (iii) and shall not indulge in similar nature of offences

          in future.

                       7. The above named petitioner is directed to be

          enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten
            Patna High Court CR. MISC. No.36395 of 2026(2) dt.15-06-2026
                                                        3/3




                      thousand only) with two sureties of the like amount each to the

                      satisfaction of the court of learned Sessions-cum-Special Judge,

                      NDPS Act, Vaishali in connection with Rajapakar P.S. Case

                      No.413 of 2025.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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