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Patna High CourtCR. MISC./25664/2026allowed

Raja Paswan @ Laddu Paswan v. The State Of Bihar

2026-05-01Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25664 of 2026 Arising Out of PS. Case No.-161 Year-2025 Thana- FULKAHA District- Araria ====================================================== Raja Paswan @ Laddu Paswan, Son of Fulchand Paswan @ Shiv Narayan Paswan, Resident of - Nababganj Ward No. 09, P.S.- Phulkaha, DistrictAraria, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 01-05-2026 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 and 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 (petitioner) and Vivek Paswan.

4. Learned Senior counsel appearing on behalf of the

Patna High Court CR. MISC. No.25664 of 2026(2) dt.01-05-2026 2/3 petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. 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 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. It has also been submitted that similarly situated co-accused Vivek Kumar Paswan has been granted bail by this Court vide Cr. Misc. No. 20249 of 2026. Moreover, petitioner is in judicial custody since 24.01.2026.

5. The application for bail is opposed by learned APP for the State and has submitted that petitioner is having criminal antecedent of four cases.

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

Patna High Court CR. MISC. No.25664 of 2026(2) dt.01-05-2026 3/3 of the like amount each to the satisfaction of the court of learned Special Judge, Araria in connection with Fulkaha P.S. Case No.161 of 2025.

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