Patna High Court
Saddam Ghoshi @ Saddam HussainversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(a), 8(c)
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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