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Patna High Court

Ramesh GiriversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

A co‑accused’s confessional statement is not substantive material; therefore, bail may be granted if no other strong reasons exist to deny it.

Summary

Ramesh Giri was arrested in an NDPS case after 3.415 kg of ganja was recovered from the house of co‑accused Narottam Pandey. The prosecution’s case relied on the fact that Giri’s name appeared in Narottam Pandey’s confessional statement, although no narcotics were found in Giri’s possession. Giri’s counsel argued that, per the Supreme Court’s decision in Tofan Singh v. State of Tamil Nadu, a co‑accused’s confession is not substantive evidence and therefore cannot justify denial of bail. The State opposed bail, citing Giri’s prior criminal antecedent. After considering the lack of direct material against Giri and the limited evidentiary value of the co‑accused’s confession, the Court granted bail on a bond of Rs 10,000 with two sureties. The order directs the petitioner to appear before the Principal Sessions Judge in Sheohar for bail formalities.

Issues considered

  • Whether a confessional statement of a co‑accused can be used as substantive material to deny bail in an NDPS case
  • Whether the petitioner’s prior criminal antecedent precludes the grant of bail
  • Whether bail is permissible under Sections 8 and 20(b)(ii)(b) of the NDPS Act in the present circumstances

Legislation cited

Subjects

  • NDPS Act
  • bail
  • confessional statement
  • co‑accused
  • criminal antecedent
  • Section 8
  • Section 20(b)(ii)(b)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37865 of 2026
                       Arising Out of PS. Case No.-218 Year-2025 Thana- PIPRAHI District- Sheohar
                 ======================================================
                 Ramesh Giri S/o Late Kapildeo Giri R/o Village - Jafarpur Shahpur, P.S. -
                 Sheohar, District - Sheohar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Devendra Kumar, Advocate
                 For the Opposite Party/s :        Mr. Ramchandra Sahni, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   17-06-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with NDPS Case No. 01 of 2026 arising out of Piprahi P.S. Case

                   No.218 of 2025 registered for the offence punishable under

                   Sections 8 and 20(B)(ii)(b) of the NDPS Act.

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

                   the house of Narottam Pandey 3.415 kg of ganja 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 Narottam Pandey. It

                   has been submitted that nothing has been recovered from the

                   possession of this petitioner. Recovery, if any, has been made

                   from the possession of Narottam Pandey. It has further been
            Patna High Court CR. MISC. No.37865 of 2026(2) dt.17-06-2026
                                                        2/2




                      submitted that the Hon’ble Apex Court has held in the case of

                      Tofan Singh vs. State of Tamil Nadu that confessional

                      statement of co-accused even in the cases of NDPS cases is not

                      a legal material. It has been submitted that the petitioner is in

                      judicial custody since 19.02.2026.

                                   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 one case.

                                   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

                      Principal Sessions Judge, Sheohar in connection with NDPS

                      Case No. 01 of 2026 arising out of Piprahi P.S. Case No.218 of

                      2025.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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