Vinay Kumar v. The State Of Bihar

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 ====================================================== 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 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