Patna High Court
Vinay KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, holding that the confessional statement of the co‑accused is not a legal material for conviction under Section 67 of the NDPS Act.
Summary
Vinay Kumar was arrested in connection with a large seizure of ganja (119 kg) recovered from the premises of a co-accused, Ranjan Kumar. The prosecution alleged that the petitioner supplied the narcotics, relying solely on the confessional statement of the co-accused and no material was seized from the petitioner himself. The petitioner, who has no prior criminal record and has been in judicial custody since August 2025, applied for regular bail, contending that a police‑recorded confessional statement is not admissible under Section 67 of the NDPS Act, as held in Tofan Singh v. State of Tamil Nadu. The State opposed the bail on the seriousness of the offence. After considering the lack of direct evidence against the petitioner and the legal position on confessional statements, the court granted bail on condition of a cash bond and sureties. The order directs the petitioner’s release subject to compliance with the bail terms.
Issues considered
- Whether the petitioner is entitled to regular bail despite the recovery of a large quantity of narcotics in the case.
- Whether a confessional statement made before police is admissible as material evidence under Section 67 of the NDPS Act.
- Whether the nature of the offences under the NDPS Act precludes the grant of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(c), 22(c), 25, 29, 67, 80(c)
Subjects
- regular bail
- NDPS Act
- confessional statement
- drug trafficking
- bail jurisprudence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8799 of 2026
Arising Out of PS. Case No.-302 Year-2024 Thana- AKHODHIGOLA District- Rohtas
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Vinay Kumar S/o Late Gaya Paswan R/o Village - Bank, P.S - Akorhigola,
District – Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
Mr. Rajesh Kumar Singh, Advocate
Mr. Kumar Rajdeep, Advocate
For the Opposite Party/s : Ms. Anita Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 80(c), 20(b)
(ii)(c), 22(c), 25 and 29 of the NDPS Act.
3. The case of the prosecution, in short, is that on the
basis of secret information the informant along with others has
searched the car and the house of one Ranjan Kumar and
altogether 119 kg 290 gm of ganja was recovered from the car
and house of Ranjan Kumar. On query, he disclosed that his
associates Ajeet Kumar, Satyaveer Kumar and this petitioner
have given the said ganja to supply the same in locality.
4. Learned counsel for the petitioner submits that
nothing has been recovered from the possession of this
petitioner and his name has surfaced only in the confessional
Patna High Court CR. MISC. No.8799 of 2026(2) dt.12-02-2026
2/2
statement of co-accused Ranjan from whom the recovery was
made. Learned counsel for the petitioner has further submitted
that the petitioner is having no criminal antecedent and he is in
judicial custody since 18.08.2025.
5. Learned counsel for the petitioner has further
submitted that Hon’ble Apex Court has held in the case of
Tofan Singh vs. State of Tamil Nadu, (2021) 4 SCC 1 that a
confessional statement made before police is not a legal material
in view of Section 67 of the NDPS Act.
6. Learned Additional Public Prosecutor has
vehemently opposed the bail application of the petitioner.
7. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Akorhigola P.S. Case No. 302 of 2024 on furnishing bail bond
of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Session Judge, Rohtas
at Sasaram (N.D.P.S.).
(Ashok Kumar Pandey, J)
durgesh/-
U T
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