Patna High Court
Ramesh GiriversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(b), 8
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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