Patna High Court
Santosh Kumar GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
Bail was granted to the petitioner as the allegations were based only on co-accused statements and no direct evidence was found against him.
Summary
Santosh Kumar Gupta was arrested in connection with an NDPS case (Case No. 103 of 2025) after the police recovered 1,026 grams of brown sugar from a co-accused, Jai Prakash Kumar, and other items from Mukesh Kumar. The petitioner’s name was entered in the FIR solely on the basis of confessional statements made by the co-accused and an informant, with no contraband found in his possession. He contended that he was falsely implicated and pointed out that similarly situated co-accused had been granted bail by other benches of the Patna High Court. The State opposed bail, but the court noted the lack of direct evidence against the petitioner and the precedent of bail to co-accused. Consequently, the court allowed the bail petition, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties.
Issues considered
- Whether bail can be granted when the accusation against the petitioner is based solely on confessional statements of co-accused and no material has been seized from him.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 17(c), 21(c), 8(c)
Subjects
- bail
- NDPS Act
- confessional statements
- co-accused
- seizure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73651 of 2025
Arising Out of PS. Case No.-140 Year-2025 Thana- KAJI MUHAMMADPUR District-
Muzaffarpur
======================================================
Santosh Kumar Gupta, aged about 29 years, Gender-Male, Son of Chatru Sah
@ Chatri Prasad Gupta @ Chaturi Saw, Resident of Village- Sobri, P.S.-
Kothi, District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rama Kant Sharma, Sr. Advocate
Mr. Adarsh Prasar, Advocate
Mr. Mayank Raj, Advocate
Mr. Rahul Singh, Advocate
For the Opposite Party/s : Mr. Murli Dhar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
N.D.P.S. Case No. 103 of 2025 arising out of
Kazimohammadpur P.S. Case No. 140 of 2025 instituted for the
offences punishable under Sections 8(c), 17(c) and 21(c) of the
N.D.P.S. Act.
3. As per the prosecution case, police apprehended
two persons who disclosed their names as Jai Prakash Kumar
and Mukesh Kumar. On Search, total 1026 gms of brown sugar
was recovered from the bag of the co-accused, Jai Prakash
Kumar. One mobile phone and digital weight machine were also
recovered from the bag of Mukesh Kumar. On query, about the
Patna High Court CR. MISC. No.73651 of 2025(3) dt.21-01-2026
2/3
psychotropic substance they told the name of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offense and has
falsely been implicated in this case. He submits that nothing has
been recovered from the conscious possession of the petitioner
and he has been made accused only on the basis of confessional
statement of co-accused namely, Jai Prakash Kumar and
Mukesh Kumar. He further submits that the seized contraband
has been recovered from the bag of the co-accused, Jai Prakash
Kumar and the petitioner has no concerned with the alleged
recovery. He next submits that similarly situated co-accused
persons namely Mukesh Kumar and Ankit Kumar have been
granted bail by a co-ordinate Benches of this Court. Petitioner is
in custody since 15.05.2025.
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. From perusal of the FIR, case diary and impugned
order of the learned Exclusive Special Judge-II (N.D.P.S. Act),
Muzaffarpur dated 29.08.2025, it appears that petitioner is
named in the FIR and his name transpired in this case during the
course of investigation on the basis of confessional statement of
co-accused namely Jai Prakash Kumar and Ankit Kumar. From
Patna High Court CR. MISC. No.73651 of 2025(3) dt.21-01-2026
3/3
perusal of the records, it appears that only on the basis of the
statement of informant, namely, Md. Nausad Alam, FIR has
been registered under Sections 8(c), 17(c) and 21(c) of the
N.D.P.S. Act against five co-accused persons including the
present petitioner. Similarly situated co-accused persons from
whose possession the alleged contraband (brown sugar) have
recovered, namely, Mukesh Kumar and Ankit Kumar have been
granted bail by a Co-ordinate Benches of this Court in Cr. Misc.
Nos.72386 of 2025 and 90616 of 2025 vide orders dated
18.11.2025 and 16.01.2026, respectively, so considering all
these aspects of the case and submission of learned counsel for
the petitioner, I am inclined to grant bail to the petitioner.
7. Accordingly the prayer for bail of the petitioner is
allowed. Let the petitioner above named be released on bail on
furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Exclusive Special Judge-II (NDPS Act), Muzaffarpur in
connection with Kazimohammadpur P.S. Case No. 140 of 2025.
(Ramesh Chand Malviya, J)
Anand Kr.
U T
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