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Patna High Court

Saddam Ghoshi @ Saddam HussainversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied to the petitioner.

Summary

The petitioner, Saddam Ghoshi, sought anticipatory bail fearing arrest in a case under Sections 8(c) and 21(a) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The prosecution alleged that 22 buprenorphine injections were recovered from co‑accused who claimed they purchased the drugs from the petitioner. The petitioner contended that no incriminating material was found on him and that the case rested solely on the co‑accused’s confessional statement. The State opposed bail, highlighting the petitioner’s inclusion in the FIR and his two prior criminal records, one of a similar nature. After considering the specific accusations and the petitioner’s antecedents, the Court rejected the petition for anticipatory bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the NDPS Act when the only evidence is a co‑accused’s confessional statement and the petitioner has prior criminal antecedents.

Legislation cited

Subjects

  • anticipatory bail
  • NDPS Act
  • confessional statement
  • criminal antecedents
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79932 of 2025
                 Arising Out of PS. Case No.-222 Year-2024 Thana- MOHANIYA District- Kaimur (Bhabua)
                 ======================================================
                 Saddam Ghoshi @ Saddam Hussain Son of Manir Gaddi @ Manir Ghosi @
                 Mohamad Munir Ghoshi Resident of village - Islamganj Mohania, P.S.-
                 Mohania, District - Kaimur at Bhabua.

                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Rajani Kant Pandey, Advocate
                 For the State           :        Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   21-04-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 8(c) and

                   21(a) of the N.D.P.S. Act.

                                3. As per prosecution case, in total 22 pieces of

                   Buprenorphine Injection Dolphine were recovered from

                   possession of co-accused persons and co-accused Sushil Kumar

                   disclosed that they purchased the said prohibited injections from

                   this petitioner.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has

                   committed no offence. No incriminating article has been
             Patna High Court CR. MISC. No.79932 of 2025(4) dt.21-04-2026
                                                         2/2




                       recovered from possession of this petitioner and he has falsely

                       been implicated in this case merely on the basis of confessional

                       statement of co-accused Sushil Kumar. Save and except

                       confessional statement, there is no material on record to show

                       the complicity of this petitioner in the alleged incident.

                                    5. On the other hand, learned A.P.P. for the State has

                       vehemently opposed the prayer for grant of anticipatory bail to

                       the petitioner and submitted that petitioner is named in the

                       F.I..R. and in total, 22 pieces of                   Buprenorphine Injection

                       Dolphine were recovered from possession of co-accused

                       persons who disclosed that they had purchased the said

                       prohibited injection from this petitioner. Petitioner has got two

                       criminal antecedents out of which one is of similar nature.

                                    6. Considering the facts and circumstances of the

                       case, specific and direct nature of accusation and criminal

                       antecedents of the petitioner, the prayer for grant of anticipatory

                       bail to the petitioner is rejected.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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