Patna High Court
Md. Guddu @ GudduversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court granted anticipatory bail to the petitioner, holding that the sole reliance on a co‑accused’s confessional statement does not justify denial of bail.
Summary
The petitioner, Md. Guddu, a 20‑year‑old student, was implicated in an NDPS case (Araria PS Case No. 431 of 2025) for allegedly possessing 100 gm of a smokable narcotic. The only evidence against him was the confessional statement of a co‑accused, Md. Noor Alam, recorded while in police custody; no contraband was recovered from Guddu's residence and he had no prior criminal record. The petitioner applied for anticipatory bail, arguing that the co‑accused’s statement is inadmissible as a confessional statement and that he was not present at the spot of recovery. The State’s counsel conceded that the co‑accused’s statement was the sole basis for the accusation. Considering Guddu’s young age, clean antecedents, and the lack of direct evidence, the Court granted anticipatory bail subject to a bond and sureties under Section 482(2) of the Bihar Narcotic and Psychotropic Substances Act.
Issues considered
- Whether anticipatory bail can be granted when the only incriminating material is a co‑accused’s confessional statement.
- Whether the provisions of Section 482(2) of the Bihar Narcotic and Psychotropic Substances Act permit the grant of anticipatory bail in the present circumstances.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8(c)
Subjects
- anticipatory bail
- NDPS Act
- confessional statement
- co‑accused testimony
- young accused
- clean antecedent
- Section 482(2) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8234 of 2026
Arising Out of PS. Case No.-431 Year-2025 Thana- ARARIA District- Araria
======================================================
Md. Guddu @ Guddu, S/o- Sri Md. Mokim @ Md. Mukim Uddin, R/o vill-
Gaiyari, P.S. + Dist- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Adv.
Mrs. Vaishnavi Singh, Adv.
For the Opposite Party/s : Mr. Binod Kumar No. 3, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 24-02-2026 Heard the parties.
2. The petitioner apprehends his arrest in
connection with Araria P.S. Case No. 431 of 2025 dated
15.10.2025 registered for the offences punishable under sections
8(c) and 21(b) of the NDPS Act.
3. Learned counsel for the petitioner submits that
the petitioner is a 20 year old young boy, who recently passed
the matriculation examination with first division and the instant
matter relates to the recovery of 100 gm smack like substance
and the said suspected narcotic contraband comes in the
purview of intermediate quantity and it is an admitted position
that the petitioner was not found with the co-accused persons
and it is not the case of the prosecution that he was seen with the
Patna High Court CR. MISC. No.8234 of 2026(2) dt.24-02-2026
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accused persons who were apprehended at the spot with the
alleged contraband. It is further submitted that the main basis
for implicating the petitioner in the commission of the alleged
offences is the disclosure statement made by the accused person,
namely Md. Noor Alam, before the police, which comes in the
purview of confessional statement having no evidentiary value
and further, following with the statement of the co-accused
person, the house of this petitioner was raided but nothing
incriminating material was recovered, so, against the petitioner,
there is nothing except the statement of the apprehended co-
accused person recorded by him before the police while he was
in police custody. It is lastly submitted that two apprehended co-
accused persons, namely Md. Soyeb and Md. Noor Alam, have
been granted bail by different co-ordinate benches of this Court
vide orders passed in Cr. Misc. Nos. 87919/2025 and
85908/2025 respectively and the FIR was lodged on 15.10.2025
whereas the recovery of the alleged contraband was made on
13.10.2025 by the police.
4. Though learned APP for the State has opposed
the prayer of the petitioner but fairly accepts that the basis for
implicating the petitioner is the statement of the apprehended
co-accused person recorded by him before the police while he
was in police custody.
Patna High Court CR. MISC. No.8234 of 2026(2) dt.24-02-2026
3/3
5. In the facts and circumstances of this case,
considering the above-stated statements and the petitioner’s
pleas coupled with petitioner’s young age and his fair and clean
antecedent, this Court is inclined to grant the relief of
anticipatory bail to the petitioner. Accordingly, let the petitioner
named-above, in the event of his arrest or surrender before the
learned Court below within a period of six weeks from today, be
released on anticipatory bail on furnishing bail bond of Rs.
20,000/- (Rupees Twenty Thousand) with two sureties of the
like amount each to the satisfaction of the Court concerned in
connection with Araria P.S. Case No. 431 of 2025, subject to the
conditions as laid down under Section 482(2) of the BNSS.
(Shailendra Singh, J)
annu/-
U T
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