Gavaskar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58391 of 2025 Arising Out of PS. Case No.-48 Year-2025 Thana- Sri Nagar District- Purnia ====================================================== Gavaskar Rai S/O Shyam Sunder Ray R/O Vill.- Srinagar, P.S.- Srinagar, Dist.- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Mr. Anand Prakash, Advocate Mr. Kumar Rajdeep, Advocate Ms. Diksha Kumari, Advocate For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 27-08-2025 Heard learned counsel for the petitioner and Mr. Ajay Kumar No. 02, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 8, 20(b)(ii), 25 and 29 of the NDPS Act and under Section 111 of the BNS.

3. The case of the prosecution in short is that the police intercepted a tempo and on that tempo a driver and one more person was sitting. They were apprehended and were identified as Md. Abbas (driver of the tempo) and the other person on the tempo disclosed his name as Jeevach Sharma. Both the apprehended persons disclosed that they were going to Kajha together to sell narcotics substance. It is further alleged that from that tempo altogether 5.704 kg of ganja was

Patna High Court CR. MISC. No.58391 of 2025(2) dt.27-08-2025 2/3 recovered. It is further alleged that both the apprehended persons disclosed that the said ganja and tempo was given by this petitioner which was to be delivered to Kajha where a man will come and receive.

4. Learned counsel for the petitioner has submitted that from perusal of the FIR itself it is clear that nothing has been recovered from the possession of this petitioner, rather his name has been disclosed by co-accused persons. Learned counsel has also relied on the judgment of the Hon'ble Apex Court in the case of Tofan Singh vs. State of Tamil Nadu reported in (2021) 4 SCC 1 wherein it has been held by the Hon'ble Apex Court that the confessional statement given before police is not admissible. The petitioner is in judicial custody since 03.06.2025.

5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer of bail to the petitioner. The petitioner is having criminal antecedent of one case.

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 released on bail in connection with Special Case No. 187 of 2025 (C.I.S. No. 187 of 2025) arising

Patna High Court CR. MISC. No.58391 of 2025(2) dt.27-08-2025 3/3 out of Sri Nagar P.S. (District-Purnia) Case No. 48 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 Special Judge (NDPS Act), Purnia.

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