Vivek Kumar Paswan @ Vivek Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20249 of 2026 Arising Out of PS. Case No.-161 Year-2025 Thana- FULKAHA District- Araria ====================================================== Vivek Kumar Paswan @ Vivek Paswan S/o Fulchand Paswan R/o - Nababganj, P.S - Phulkaha, District - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Mr. Kumar Rajdeep, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 31-03-2026 Heard learned Senior counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Fulkaha P.S. Case No.161 of 2025 registered for the offence punishable under Sections 8, 20(b)(ii)(c) of the NDPS Act.

3. The case of the prosecution, in short, is that from one Md. Sirajuddin altogether 85 kg of ganja like contraband was recovered. On being further asked, Sirajuddin disclosed that this contraband belongs to one Babul Yadav and was being transported to Raja Paswan and Vivek Paswan (petitioner).

4. Learned Senior counsel appearing on behalf of the petitioner has submitted that the name of this petitioner has appeared in the confessional statement of co-accused Md. Sirajuddin. In view of the judgment of the Hon'ble Supreme

Patna High Court CR. MISC. No.20249 of 2026(2) dt.31-03-2026 2/2 Court in the case of Tofan Singh vs. State of Tamil Nadu, confessional statement before police even in NDPS case is not admissible. It has further been submitted that nothing has been recovered from the possession of the petitioner. Recovery, if any, has been made from the possession of co-accused Md. Sirajuddin. Learned Senior counsel for the petitioner has lastly submitted that the petitioner is having no criminal antecedent and he is in judicial custody since 18.12.2025.

5. The application for bail is opposed by learned APP for the State.

6. 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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the court of learned Special Judge/concerned court, Araria in connection with Fulkaha P.S. Case No.161 of 2025.

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