Patna High Court
Ravi Kumar Gupta @ Ravi Gupta @ Ravi @ Manoj Kumar GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted to the petitioner as the allegations were based only on a co‑accused's confession and no physical evidence was recovered, and the investigation was already completed.
Summary
Ravi Kumar Gupta was arrested in connection with a case alleging possession of 1.342 kg of charas and 16 bottles of Corex cough syrup. The sole basis for his implication was a confessional statement of a co‑accused, with no physical recovery of contraband from him. The investigation was completed and a charge‑sheet filed, and the petitioner argued that there was no risk of evidence tampering. The court noted the lack of direct evidence, the completed investigation, and held that criminal antecedent alone could not justify denial of bail. Accordingly, the court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under Cr.P.C. and the Bihar Narcotic Substances Act.
Issues considered
- Whether bail can be granted in an NDND‑related offence when the accusation rests solely on a co‑accused's confession and no physical possession is established.
- Whether the completion of investigation and filing of charge‑sheet eliminates the risk of tampering with evidence, justifying bail.
- Whether the petitioner’s prior criminal antecedent precludes bail in the present NDPS case.
Legislation cited
- Bihar Narcotic Substances Act — s. 132, 480(3)
- Code of Criminal Procedure, 1973 — s. 437(3)
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 22(c), 23, 29
Subjects
- bail
- NDPS Act
- confessional statement
- no physical evidence
- criminal antecedent
- Section 37 NDPS
- Section 437 CrPC
- Section 480 BNS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65985 of 2025
Arising Out of PS. Case No.-446 Year-2024 Thana- RAXAUL District- East Champaran
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Ravi Kumar Gupta @ Ravi Gupta @ Ravi @ Manoj Kumar Gupta Son of
Ram Swaroop Gupta @ Ram Swarup Prasad Gupta Resident of Village -
Mauje Ward No. 20, P.S. - Raxaul, District - East Champaran.... .. Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhurendra Kumar, Advocate
For the Opposite Party/s : Mr.Rajesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 09-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with Raxaul
P.S. Case No. 446 of 2024 arising out of NDPS G.R. Case No. 104
of 2024 registered for the offence under Section 132 of BNS and
Sections 21(b), 22(c), 23 and 29 of the NDPS Act.
3. The accused/petitioner is named in the F.I.R. and is
in custody since 05.05.2025.
4. The allegation against the petitioner is to have in
possession of 1.342 Kg of charas alongwith 16 pieces of 100 ml.
bottle of Corex cough syrup alongwith other co-accused persons.
5. Learned counsel appearing on behalf of the petitioner
submitted that the name of petitioner transpired on the basis of
confessional statement of co-accused Aditya Kumar, who has
already granted bail by this Court through Cr. Misc. No. 27360 of
Patna High Court CR. MISC. No.65985 of 2025(2) dt.09-01-2026
2/3
2025 dated 23.07.2025. It is pointed out that admittedly no
recovery of contraband appears to be made from physical
possession of this petitioner and nothing transpires during
investigation which may suggest that petitioner was under culpable
mental state having knowledge of the same as to invite further
rigours in view of Section 37 of NDPS Act. While concluding
argument, it is submitted that investigation of this case is already
completed, for which charge-sheet has been submitted, as such,
there is no chance of tampering with the evidence.
6. Explaining criminal antecedent, it is submitted that
petitioner found involved in six more criminal cases, where he is on
bail in four cases and in maximum of cases, his name transpired on
the basis of confessional statement as of the present case having
otherwise no evidentiary value under the law. It is further
submitted that merely on the basis of criminal antecedent, prayer
of bail of the petitioner should not be rejected, if otherwise merit
of this case is convincing in favour of petitioner. In support of his
submission, learned counsel relied upon the legal report of Hon’ble
Supreme Court available through Prabhakar Tewari Vs. State
of Uttar Pradesh and Another reported in (2020) 11 SCC
648.
7. Learned APP opposed the prayer of bail.
Patna High Court CR. MISC. No.65985 of 2025(2) dt.09-01-2026
3/3
8. Considering the aforesaid factual submissions and by
taking note of fact as name of petitioner transpired merely on the
basis of suspicion arising out of confessional statement of co-
accused, where admittedly recovery of contraband not appears to
be made from physical possession of this petitioner, coupled with
the fact that investigation of this case is already completed,
accordingly, petitioner above named, is directed to be released on
bail in connection with Raxaul P.S. Case No. 446 of 2024 arising
out of NDPS G.R. Case No. 104 of 2024, on furnishing bail bond
of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the
like amount each to the satisfaction of learned Sessions
Judge/Special Judge, East Champaran, Motihari/concerned Court,
subject to the conditions as mentioned under Section 437(3) of
the Cr.P.C./Section 480(3) of BNSS.
(Chandra Shekhar Jha, J)
veena/-
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