( 2026:JHHC:21768 ) -1- A.B.A. No. 3336 of 2026 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3336 of 2026 Rakesh Bind, age about 34 years, S/o Mesar Bind, R/o Village- Belaur, P.O. Dahiwar, P.S. and District- Buxar, Bihar-802116, UID No. 421799425152 … Petitioner -Versus- The State of Jharkhand … Opposite Party ----- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- For the Petitioner : Mr. Onkar Nath Tiwary, Advocate Mr. Shamaiel Raza, Advocate For the State : Mr. Praful Jojo, A.P.P. ----- 04/23.07.2026 Heard learned counsel appearing for the petitioner and learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Rail Hatia P.S. Case No.22/2025, corresponding to NDPS Case No.30/2026, registered for the offence under Sections 20(b)(ii)(C) and 29 of NDPS Act, pending in the Court of the learned A.J.C.-XII, Ranchi. 3. Learned counsel appearing for the petitioner submits that the name of the petitioner has come on confessional statement. He further submits that the petitioner has nothing to do with the said recovery of Ganja from the possession of arrested person. He also submits that the petitioner is having no criminal antecedent, as disclosed in paragraph 12 of this application. He next submits that in the case diary, only official witnesses have been examined and they have stated that the name of the petitioner has come on confessional statement. 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:21768 ) -2- A.B.A. No. 3336 of 2026 5. The name of the petitioner has come on confessional statement. The petitioner is having no criminal antecedent, as disclosed in paragraph 12 of this application. In the case diary, the official witnesses have 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 A.J.C.-XII, Ranchi in connection with Rail Hatia P.S. Case No.22/2025, corresponding to NDPS Case No.30/2026, 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/