Patna High Court
Mahendra Rai @ Mahendra KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8(c)
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
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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
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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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