( 2026:JHHC:21764 ) -1- A.B.A. No. 3174 of 2026 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3174 of 2026 Prem Shah @ Prem Chandra Sah, age about 47 years, S/o Late Guru Dayal Sah, R/o Khijuriya, P.O. Deoghar, P.S. Rikhiya, District- Deoghar, Jharkhand … Petitioner -Versus- The State of Jharkhand … Opposite Party ----- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- For the Petitioner : Mr. A.K. Kashyap, Sr. Advocate Mrs. Supriya Dayal, Advocate For the State : Mr. Pankaj Kumar Mishra, A.P.P. ----- 04/23.07.2026 Heard learned senior counsel appearing for the petitioner and learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Kunda P.S. Case No.45/2026, registered for the offence under Sections 20(b)(ii)(c), 22(c) and 25 of NDPS Act, 1985, pending in the Court of the learned Special Judge, Deoghar. 3. Learned senior counsel appearing for the petitioner submits that the petitioner has been falsely implicated in the case and the name of the petitioner has come on confessional statement. He further submits that the petitioner is having no criminal antecedent, as disclosed in paragraph 14 of this application. He also submits that all the witnesses in the case diary are official witnesses and all the witnesses have stated that arrested persons have taken name of this petitioner. On these grounds, he submits that anticipatory bail may kindly be granted to the petitioner. 4. Learned counsel appearing for the State opposed the prayer and submits that the name of the petitioner has come on confessional statement and in view of that, the prayer for anticipatory bail may kindly be rejected. ( 2026:JHHC:21764 ) -2- A.B.A. No. 3174 of 2026 5. The name of the petitioner has come on confessional statement. The petitioner is having no criminal antecedent, as disclosed in paragraph 14 of this application. The official witnesses in the case diary have also stated that the name of the petitioner has come on confessional statement. The Hon’ble Supreme Court in the case of Tofan Singh v. State of Tamil Nadu, reported in (2021) 4 SCC 1 has held that confessional statement under Section 67 of the NDPS Act is inadmissible. Paragraph 158.2 of the said judgment reads as under: “158.2 That a statement recorded under Section 67 of the NDPS Act cannot be used as a confessional statement in the trial of an offence under the NDPS Act.” 6. In the attending facts and circumstances of the case, I am inclined to extend the privilege of anticipatory bail to the petitioner. Accordingly, the above-named petitioner is directed to surrender before the learned Court within three weeks from today and in the event of his arrest or surrender, he shall be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Deoghar in connection with Kunda P.S. Case No.45/2026, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated: 23rd July, 2026 Ajay/