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Patna High Court

Md. Minhaj AlamversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court refused anticipatory bail, holding that the material on record, including the confessional statement and drug seizure, justified denial of such relief.

Summary

The petitioner, Md. Minhaj Alam, sought anticipatory bail after a police raid recovered 166.101 kg of ganja from a motorcycle owned by co-accused Md. Imran, who, in his confessional statement, implicated the petitioner, his brother‑in‑law. The petitioner argued that the confessional statement is inadmissible and relied on the Supreme Court’s decision in Tofan Singh v. State of Tamil Nadu. The State countered with the confessional statement and a CDR report suggesting contact between the two. The Court examined the material, noting the large quantity of narcotics and the implication from the co‑accused, and concluded that anticipatory bail could not be granted. However, the Court directed that if the petitioner surrenders within four weeks, his regular bail application would be considered.

Issues considered

  • Whether anticipatory bail can be granted when a co‑accused’s confessional statement implicates the petitioner under the NDPS Act.
  • Whether the confessional statement of a co‑accused is admissible for the purpose of bail considerations.
  • Whether the CDR report establishing communication between the petitioner and co‑accused influences the bail decision.

Legislation cited

Subjects

  • anticipatory bail
  • confessional statement
  • NDPS Act
  • drug seizure
  • bail jurisprudence
  • CDR report
  • evidentiary admissibility

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.50509 of 2025
                    Arising Out of PS. Case No.-63 Year-2025 Thana- Madhusudanpur District- Bhagalpur
                 ======================================================
                 Md. Minhaj Alam S/o Md. Abdus Samad R/o Village- Harna Bujurg, P.S.-
                 Rajoun, District- Banka

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Anshul, Sr. Adv.
                 For the Opposite Party/s :        Mr. Md. Shakir Ahmad, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

5   21-01-2026                  Heard Mr. Anshul, learned Senior Advocate appearing

                   on behalf of the petitioner and the learned Additional Public

                   Prosecutor for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Madhusudanpur P.S. Case No. 63 of 2025, registered for

                   the offences punishable under Sections 20 and 22 of the

                   N.D.P.S. Act.

                                3. The police in course of patrolling, on an

                   information conducted a raid and recovered a motorcycle

                   parked nearby a road. The persons who were assembled there

                   succeeded in fleeing away. In course of search, total 166.101 kg

                   ganja like material was found, which was kept over the

                   motorcycle. The motorcycle was later on found in the name of

                   co-accused Md. Imran. In the aforesaid premise, Md. Imran was
Patna High Court CR. MISC. No.50509 of 2025(5) dt.21-01-2026
                                            2/3




          caught by the police and his confessional statement was

          recorded, where the name of the petitioner has surfaced.

                       4. Learned Senior Advocate referring to the FIR

          contended that save and except the fact, the name of the

          petitioner has surfaced in the confessional statement of co-

          accused Md. Imran, who is said to be owner of the motorcycle

          and that person is none else but the brother-in-law of the

          petitioner, his name has been implicated in this case without

          there being any cogent material. The confessional statement and

          the disclosure even if taken to be true, is not admissible in the

          eyes of law. To support the aforesaid contention, reliance has

          been placed on a decision rendered by the Supreme Court in the

          case of Tofan Singh vs. State of Tamil Nadu, (2021) 4 SCC 1.

          The petitioner bears fair antecedent and he undertakes that he

          would fully cooperate in the proceeding of the Court.

                       5. A counter affidavit has been filed on behalf of the

          Senior Superintendent of Police, Bhagalpur. It is contended that

          besides the fact the name of the petitioner transpired in the

          confessional statement, the CDR report also suggest that they

          were in touch.

                       6. At this juncture, learned Senior Advocate for the

          petitioner submits that since both the co-accused, Md. Imran
             Patna High Court CR. MISC. No.50509 of 2025(5) dt.21-01-2026
                                                         3/3




                       and the petitioner are brother-in-law and, as such, the

                       conversation between them is quite natural.

                                    7. On the other hand, learned Advocate for the State

                       vehemently opposed the pre-arrest bail application.

                                    8. Having considered the submissions advanced by

                       learned Advocate for the respective parties and taking note of

                       the fact that total 166.101 ganja was recovered from the

                       motorcycle, which belongs to co-accused Md. Imran and who

                       subsequently disclosed the name of the petitioner, this Court is

                       not acceded to the prayer for anticipatory bail of the petitioner,

                       however, if the petitioner surrenders before the Court below

                       preferably within a period of four weeks’ from today, his prayer

                       for regular bail shall be considered without being prejudice by

                       the order of this Court.



                                                   (Harish Kumar, J)
supratim/-

U      T


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