Saurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11584 of 2026 Arising Out of PS. Case No.-89 Year-2025 Thana- Bajitpur District- Darbhanga ====================================================== Saurav Kumar son of Bhola Singh resident of village Bachha (NOMA) P.S. Halsi District Lakhisarai.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Saurav Anand, Advocate For the Opposite Party/s :

Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 10-03-2026 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 20 (b) (ii) ( C ), 22, 27 (A) and 29 of the NDPS Act.

3. The prosecution case, in brief, is that a total quantity of 116.640 kg of ganja, a contraband substance, was allegedly recovered from a van.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that no contraband has been recovered from the possession of the petitioner. It is contended that the recovery was made from the possession of one Rishav Kumar, and the name of the present petitioner has surfaced only in the statement of the said co-

Patna High Court CR. MISC. No.11584 of 2026(2) dt.10-03-2026 2/2 accused.

5. It is further submitted that, in view of the judgment of the Hon'ble Supreme Court in Toofan Singh v. State of Tamil Nadu, the statement of a co-accused recorded under the NDPS Act has no evidentiary value for the purpose of implicating another accused. It is further submitted that the petitioner has been in judicial custody since 15.12.2025 and has no criminal antecedent.

6. Learned A.P.P. has vehemently opposed the prayer for bail.

7. Considering the aforesaid 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 PTN (Special Case No. 2351 of 2025 arising out of Bajitpur P.S. Case No. 89 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge cum Special Judge (NDPS Act), Darbhanga.

(Ashok Kumar Pandey, J) Jagdish/- U T