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Patna High Court

Md. Guddu @ GudduversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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